Child Custody Issues and Their Relationship to Domestic Violence in California

There are two common situations where the custody of one's child will come into play with respect to domestic violence in California. The first is if one is convicted of domestic violence (either against his or her intimate partner or against his or her child) and the second is if a child's parents are divorcing or separating and one parent has an alleged history of intimate partner abuse. Under either scenario, it is imperative that an individual who would like custody of his or her child(ren) hires a qualified criminal defense lawyer and a family lawyer who will help favorably resolve child custody issues.

In California, domestic violence laws apply to all crimes that are committed against a spouse, former spouse, a child, the person with whom one lives or lived, the person with whom one has children, or a significant other or former significant other. When convicted of this type of crime, significant jail and/or prison time may await. If an individual who has a child is sentenced to imprisonment, the custody of that child will become a major issue.

When a court rules on child custody issues, it asks only one question - what is in the best interests of the child? Preference is usually given to both parents, unless one or both of the parents have demonstrated that they are unfit to parent. When a parent has been convicted of D.V. and is sent to jail or prison, his or her child will at least temporarily be taken out of that parent's custody and, if the judge determines that it is safe, the child will be placed with the other parent or with a friend or family member if the convicted individual is a single parent. If there is no qualified friend or family member, the child will be taken into protective services. If the parent was convicted of a DV crime against his or her child, otherwise known as child abuse, he or she will definitely lose custody of his or her child until the court is convinced that the parent has been rehabilitated and will no longer pose a threat to his or her child.

Child custody will also be an issue when parents go through a separation or divorce. A recent study indicated that most contested custody mediation cases in California, regardless of demographics, involve a history of inter-parental violence or intimate partner abuse. Unfortunately, a history of domestic violence, even if there was never a conviction, can devastate a parent's chances of getting custody of his or her child. When divorce proceedings are initiated, Family Court Services offers mediation services to try to resolve custody issues.

Family Court Services (FCS) will review both parents' histories of alleged domestic abuse to protect the safety of a child. The FCS staff will perform an extensive background check to ensure the safety of any party or child in the proceedings and may include criminal background checks, checks for restraining orders issued against either parent, a review of any criminal charges and their subsequent resolutions, telephone interviews, and information from attorneys, shelters, hospital reports, Child Protective Services and/or any other sources deemed relevant to the investigation. If one's partner can prove a history of violence in the home, the offender's chances of getting custody could be defeated and visitation rights may not even be granted. The judge will allow visitation only if he or she believes that proper measures can be taken to ensure the safety of the child and of the partner.

If facing an intimate partner violence charge and/or a divorce, it is critical for a person who wishes to maintain custody of his or her children to contact the experienced domestic violence attorneys at the Kavinoky Law Firm to provide the best defense possible with respect to the criminal charge and to obtain referrals for exceptional family law attorneys. Click here for a free consultation.