In San Diego Family Law Court child custody cases, the Judge will determine parental rights and obligations based on what is in the best interest of the child. Among other things, the Courts will consider and rule on whether either party engaged in acts of domestic violence; if there is a finding of domestic violence, it is presumed that granting that party joint legal custody rights would be detrimental to the child. In a recent California custody case in which the father challenged the Trial Court’s ruling, the Court discussed what evidence is necessary to rebut the presumption. If you need assistance with a custody matter, it is smart to meet with a San Diego child custody attorney to evaluate your options for protecting your parental rights.
Factual and Procedural History of the Case
It is alleged that the father filed a petition seeking to establish the parentage of two children born during his relationship with the mother. In January 2018, the court entered a stipulated judgment granting joint legal and physical custody to both parents and resolved other issues regarding the children. Less than a year later, both parents sought modifications to the stipulated judgment.
Reportedly, the mother filed a request for order, arguing that the father coerced her into signing the stipulated judgment. The father also filed a request for a domestic violence restraining order, alleging that the mother had engaged in acts of domestic violence against him in the past. The Trial Court conducted a trial, after which it issued a domestic violence restraining order against the mother. The Court also found that both parties engaged in acts of domestic violence but rebutted the Section 3044 of the Family Code presumption. The father appealed. Continue reading