Legal Question in Family Law in California
if a mother is accused for demestic violance,is she able to get joint custody of her child?
Asked on 10/07/11, 2:53 pm
5 Answers from Attorneys
Michael Schneider
Family Law Center
If accused, yes, maybe. If convicted, then more difficult. I would suggest you find good legal counsel.
www.FamilyLawCalifornia.com
Answered on 10/07/11, 10:53 pm
Arlene Kock
Law Offices of Arlene D. Kock APLC
Michael is right. The nature and scope of the abusive behavior may factor into any parenting order wether or not mom is criminally convicted.
Answered on 10/08/11, 7:42 am
Proven domestic violence creates an automatic mandatory but rebuttable presumption that the perpetrator is unsuited to have custody of the child(ren). That presumption may be overcome by persuasive admissible evidence that it would be in the best interests of the minor child(ren) for that parent to have custody or visitation. Unproven allegations should not be considered.
Answered on 10/08/11, 11:29 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
