How does a DV finding affect custody?
CAquiet_river1 month ago
I have a DVRO against my ex. We have kids. How does that affect custody?
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✓ Verified answer from a licensed attorney — shown first
Significantly. CA Family Code §3044 creates a rebuttable presumption that giving sole or joint custody to a parent with a recent DV finding is NOT in the child's best interest. The presumption applies for five years from the date of the DV finding. The other parent can rebut it but the bar is real — they need to show completion of batterer's intervention, compliance with the order, no further violence, and that joint custody is genuinely in the child's best interest. Make sure the §3044 issue is raised on the record at every custody hearing in your case; some attorneys forget to invoke it.
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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.