Legal Question in Family Law in California

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.