Legal Question in Family Law in California
Child Custody
Can the father of my child gain custody if we were never married and he has a background of domestic violence?
2 Answers from Attorneys
Re: Child Custody
The lack of having been married has nothing to do with the custody issue. His domestic violence history may be sufficient to prevent him from obtaining custody. Your conduct and how you care for the child is the most important aspect of your case. You should consult with an attorney with family law experience and discuss the facts of your case with the attorney.
Re: Child Custody
The court's primary concern is the well-being of the minor child. The court doesn't particularly care whether you were married or not but it most certainly will care about the issue of domestic violence.
That is not to say that the issue of domestic violence is dispositive and the facts of the case will be determinative. When did the violence occur? What was the nature of the violence? Were the police involved? Did the violence occur in the presence of the child? etc. etc. etc.
I strongly advise that you retain the services of a competent family law attorney to assist you. The legal fees will be money well spent.
Regards, Damian nolan.