Can child custody and visitation be affected by domestic violence?
0 CommentsYes, domestic violence can have a serious impact on child custody and visitation decisions in California. The court will consider the best interests of the child and may limit or supervise visitation to protect the child’s safety. More importantly, in the event of a Domestic Violence conviction, the court is mandated to issue an order (based on a presumption) that the perpetrator of Domestic Violence should not be awarded joint legal and joint physical custody of his/her child unless and until the Family Code §3044 “presumption” is overcome by the perpetrator at a subsequent hearing and the court finds that it is in the child’s best interest to reinstate such rights.