In California, if you are dealing with a domestic violence case and wish to obtain custody of your child after an event, there are many agencies that are able to provide you with legal help. After you have been involved in a domestic violence case, you may feel scared or uncertain of what will happen next regarding your children. At times, this can be scary, but we are there for you.
In California, the judge will always consider the well-being of the child when helping to make decisions on custody matters. If your spouse is facing charges for domestic violence, this is not in the best interest of the child. The judge will consider the fact that the angry spouse could just as easily harm their own child mentally or physically. Sometimes, just the charge of domestic violence alone is enough to prevent the spouse from being allowed to spend time alone with their children. In other cases, the spouse must first be found guilty of the crime.
What is “Moral Presumption?”
Violent parents may not be given full access to a child because of a “moral presumption” that an abuser should not be the primary caregiver of a child. In these cases, the judge may grant full custody to one parent and visitation, even supervised visitation, to the parent who has been accused or charged with domestic violence crimes. An abusive parent will have to show the courts over the next months or years that they took steps to get help and change their lifestyle into a healthier one if they wish to have their order changed. This might include provisions like completion of an anger management course, a batterer’s treatment program, participation in a parenting education course, and more.
Domestic violence plays a huge role in custody battles during divorce proceedings. If a dangerous environment was created for you or your children, you may have standing to bring forth custody matters that are important to you. Call us today for more information on your case so we can get started.
