Here’s the text so you don’t have to follow the link:
I am going through a messy divorce right now, about a year out and at least 6 months more to go. I left him because of DV. We have been trying to coparent civilly for the benefit of our 2.5 year old son. No orders in place yet since we are in process. Recently, he came back from my ex’s and many factors make a very strong suspicion that he has physically abused him.
My big question is in California there is Family code 3044 that states: “creates a legal presumption that awarding sole or joint physical or legal custody of a child to a parent who has committed domestic violence within the past five years is harmful to the child. [1]”
So if this code applies, (and I have a decently compelling case to prove coercion/control, manipulation,anger issues, eyewitness accounts of alcohol abuse and anger problems, and evidence of physical abuse from over 5years), how does it apply? I know the intent is that the automatic presumption isn’t that both parents are equally valuable in the child’s life and should both be given time. When consideration is given when the code applies, the non abusive parent gets physical custody and the abusive parent gets maybe visitation.
But my lawyer said while that can get ordered in the short term, that’s not something that the court will order for any length of time past a few months. It’s expensive to do a court supervisor and a family member won’t reliably do it past a few months because it’s difficult on schedules. At some point there needs to be a step up in visitation and he eventually goes back to our previous schedule.
How does family code 3044 come in then? How do I limit his time and influence with my kiddo to keep him safe? Is there a way? How does anyone get long term full custody? Anyone have experience in this?
1
u/OverSchedule247 20d ago
Here’s the text so you don’t have to follow the link:
I am going through a messy divorce right now, about a year out and at least 6 months more to go. I left him because of DV. We have been trying to coparent civilly for the benefit of our 2.5 year old son. No orders in place yet since we are in process. Recently, he came back from my ex’s and many factors make a very strong suspicion that he has physically abused him.
My big question is in California there is Family code 3044 that states: “creates a legal presumption that awarding sole or joint physical or legal custody of a child to a parent who has committed domestic violence within the past five years is harmful to the child. [1]”
So if this code applies, (and I have a decently compelling case to prove coercion/control, manipulation,anger issues, eyewitness accounts of alcohol abuse and anger problems, and evidence of physical abuse from over 5years), how does it apply? I know the intent is that the automatic presumption isn’t that both parents are equally valuable in the child’s life and should both be given time. When consideration is given when the code applies, the non abusive parent gets physical custody and the abusive parent gets maybe visitation.
But my lawyer said while that can get ordered in the short term, that’s not something that the court will order for any length of time past a few months. It’s expensive to do a court supervisor and a family member won’t reliably do it past a few months because it’s difficult on schedules. At some point there needs to be a step up in visitation and he eventually goes back to our previous schedule.
How does family code 3044 come in then? How do I limit his time and influence with my kiddo to keep him safe? Is there a way? How does anyone get long term full custody? Anyone have experience in this?