Donald P. Schweitzer Domestic Violence Law Blog on Lawyers.com

California divorce law places a primary focus on the best interest of the child when making any decisions pertaining to the custody and support of children in divorce. A conviction—or any history—of domestic violence can have a significant effect on custody issues.

How California courts make custody decisions when allegations of domestic violence exist

In its Legal Resource Kit on Domestic Violence and Child Custody, Legal Momentum, the oldest legal defense and education fund in the nation, provides a wealth of information to explain domestic violence issues to both individuals facing abuse accusations and their alleged victims. While they stress the potential difficulties faced by victims of domestic violence in custody cases across the United States, they also explain the provisions of state laws that address these difficult issues.

In California, the courts use evidence from law enforcement agencies, child protection agencies, courts, active protective orders, and many other official sources when considering custody arrangements or changes to existing arrangements.  But they also look at mitigating circumstances, such as when an abusive spouse successfully completes a counseling program and parenting class, completes parole or probation, and whether he or she commits further acts of violence. If any doubt exists pertaining to the best interests of the children, courts can impose severe limitations, such as the following:

§  Denial of custody rights

§  Denial of unsupervised visitation or even supervised visitation

§  Making special allowances when a spouse violates the current custody and visitation arrangements when imminent bodily injury or emotional harm to the children exists, even when the alleged abuser has sole custody

Even when a parent has no access to his or her children, the court continues to uphold all financial child support requirements.

False allegations can have a significant impact on parents

Unfortunately, during heated divorce and child custody proceedings, parents sometimes attempt to improve their cases by making false claims of domestic violence against a spouse. Since the courts must ensure protection of the children by taking these claims seriously, falsely accused parents can face painful time away from their children and even possible criminal charges. Even when no violence has occurred, they must seek legal representation by attorneys skilled in criminal defense to help restore justice.

If you face issues on either side of child custody issues involving domestic violence in San Gabriel or anywhere in Southern California, you need the immediate support of an attorney with specialized experience in child custody, domestic violence, and criminal law. In addition to Board Certification in Family Law, the firm founder and principal attorney at the Law Offices of Donald P. Schweitzer  has experience as a former Santa Ana Police Officer and Orange County Deputy District Attorney.  This unique combination of experience provides an insight that is beneficial to our clients, whether they need help seeking a protection order, assistance protecting the children in a custody battle, or an effective defense in cases of false allegations. Call us at 866-477-4485 for any family law issues.