Domestic Violence and Custody

The family court in Jaime G. v. H.L. awarded custody to the father after he was found to have perpetrated domestic violence against the mother.

FACTUAL BACKGROUND OF THE CUSTODY DISPUTE

The parents in this case were never married. The father had custody of the parties’ minor child before the proceedings were initiated. After the father filed a petition for custody, the mother requested a restraining order to be issued against the father for domestic violence towards her.

CUSTODY PROCEEDINGS

The court ultimately found that the father committed domestic violence against the mother and issued a 24 month restraining order against the father. The family law judge, however, awarded the parents joint legal and physical custody. The mother appealed stating that the law prohibits the judge from awarding custody to a parent who has abused the other parent unless the court considers the necessary factors.

APPEAL OF THE CUSTODY ORDER

The appellate court agreed with the mother. It stated that although Family Code section 3044 allows a parent who has perpetrated domestic violence to have custody, the court must consider seven factors before it awards custody to that parent. The court must review the seven factors and expressly state the reasons based on the seven factors as to why the court awarded custody to a person who has abused the other parent.

DO YOU NEED HELP WITH ISSUES RELATED TO CHILD CUSTODY?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as child custody or any other divorce matter such as legal separation, annulment, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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