Protecting Children Is ALWAYS Our Priority

At Christy & Keith Family Law Group, P.C.., we know how important it is to understand how our California laws protect the people we represent.

Under California Family Law Code Division 8, Section 3044, any person who has been found by a preponderance of the evidence to have perpetrated an act of domestic violence against a child or a parent may not be granted custody of the child or their siblings.

Under Code 3044, parents have the right to protect their children from the possibility the courts might award custody to an abusive parent. That said, a parent found to have perpetrated domestic violence may still work to rebut the presumption against custody.

Some factors required to successfully rebut a Code 3044 finding against awarding custody:

  • The perpetrator must demonstrate that they have successfully completed a batterer’s treatment program.
  • The perpetrator has successfully completed a drug and alcohol abuse program if chemical dependency was diagnosed in making the original findings.
  • The perpetrator has successfully completed a certified parenting effectiveness class.

Some factors which will prevent a successful rebuttal:

  • The perpetrator has not complied with the terms of probation or parole.
  • The perpetrator has not complied with a current order of protection in place against them.
  • The perpetrator has come under further accusations of committing additional domestic violence.

Call Us To Learn More About How Code 3044 Affects Your Custody Case

If you are involved in a family law matter in which Custody Division 8, Code 3044 may be a factor in your custody dispute, talk to an attorney at Christy & Keith Family Law Group in Oakland. Call us at 510-617-0479 or in San Diego at 760-414-9075 or use the convenient email contact form to explain your circumstances and request an opportunity to meet for further clarification of the law.