Legal Question in Family Law in California
My female friend wants to divorce her husband. They have 2 boys ages 5&3. She is scared to file because he threatens to keep the boys from her if she files for divorce. Last year one of their arguments got physical. They both exchanges blows. He pressed charges and she served two weeks for domestic violence & was prohibited by the judge from visiting the boys for two months. Now the husband says if she files for divorce he will tell a judge that she hit him again so he will get the kids. She is terrified of losing her children if she files divorce papers.
Can the husband legally keep the kids from her after she initially files papers?
Will her previous charge of domestic violence mean she will lose her kids in a divorce?
1 Answer from Attorneys
There is a rebuttable presumption that the perpetrator of domestic violence is unsuitable for child custody. So she has good reason to be concerned. There is a fairly good chance he will get primary custody unless she can convince the court somehow that he just got away with worse than what she did.
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