When involved in a custody battle with someone who has been guilty of domestic violence, it’s important to know how it factors into the equation. For instance, if your ex was convicted of domestic violence against you or your child in the last five years, that could factor heavily into the case.
Remember, the court wants a safe, loving home for the child. If there is a risk that the child will be abused or neglected if sent to live with your ex, it will seek an alternative solution.
There are exceptions, so don’t assume that you’re definitely going to get custody if you have an abusive spouse. To decide if an exception should be made, the judge will consider:
1. If your ex completed a year-long course aimed at those accused of domestic violence.
2. If your ex followed a previous court order to take parenting classes or to complete a drug or alcohol program.
3. If your ex followed the rules and regulations laid out by a restraining order, probation sentence or a parole agreement.
4. What is in the child’s best interests.
Remember, the judge is not trying to punish your ex for what has already happened. The goal, rather, is to protect your child in the future.
Do you have any questions about your rights, your child’s rights, the basic custody laws in California and what you can do to make sure that your child gets the best possible living situation? If so, we think that you’ll find our website quite helpful and that it can give you many of the answers you’re after.