Legal Question in Family Law in California
Custody after Abuse Conviction
My husband plead guilty to a 273a(b) now his ex is asking for sole legal and physical custody. Can she get it. He has been receiving sporadic supervised visits when she feels like allowing them since this started. All he did was spank the children, he wasn't beating them. Please if you can give any information or where to get more information!
1 Answer from Attorneys
Re: Custody after Abuse Conviction
I can't answer the question of who will get custody on
the facts given. However, after a conviction of a parent of
Penal Code Section 273a, the parent shall not be granted physical or legal custody of, or unsupervised visitation with, the
child, unless the court finds that there is no significant risk to
the child and states its reasons in writing or on the
record. Family Code Section 3030. Family Code Section 3044
provides a presumption against an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence
on a child within the previous five years. He should
read Section 3044 to see some of the factors the judge must
consider in deciding if the presumption is rebutted.