What chances to I have of full custody of our son when my husband was convicted of M DV and child abuse and a protective order?

Asked about 1 year ago - Sacramento, CA

My husband was arrested, convicted(plea deal) of DV, child abuse against our 16 year old, and violating a protective order. I have a criminal restraining order for myself and daughter, a civil restraining order for myself, our 16 year old and 8 year old. Now his attorney says they will be coming for custody of our 8 year old asap. This all happened about 5 months ago. I want to get full custody of our son and want to know my chances of this. Thank you.

Attorney answers (3)

  1. Jason Robert Sherlock

    Contributor Level 7


    Lawyers agree


    Answered . First, i must say that I am sorry that you and your family have gone through so much turmoil. Regarding your question the best answer is to refer you to Family Code Section 3044. Wherein a rebuttable presumption exists against a person obtaining custody when they have a Restraining order or a Domestic Violence conviction, see the code for further analysis. While No one can give you a guarantee regarding the likelihood of success, It is very possible that FCS will look to the history of violence and be very concerned about your son's best interests if he were placed in the father's care. To ensure the safety of your children you want to be prepared for Mediation and the best way to do that is to consult with an experienced local family law attorney.

  2. Thomas Allen Neil

    Contributor Level 13

    Answered . You are in the better position for PRIMARY physical custody, given the facts you stated. But I have not heard yet what they are going to allege about you, and you haven't yet heard what they are going to allege either. You must ask yourself, "what is the worst thing(s) they could allege against me?"

    As to you getting SOLE physical custody; certainly a conviction for child abuse is a big factor. But there are other factors including how long has each party has been in the child's life, your respective living situations and criminal histories, and other factors. You should seek an experienced local family law attorney who can question you about those things and help you find evidence to back up your facts and thereby put your best case forward in court.

    Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.

    Thomas A Neil
    3224 El Camino Avenue
    Sacramento, CA 95821
    (916) 446-4153

  3. Peter John Marek

    Contributor Level 19

    Answered . Terrible facts but common to many abused. Hire an attorney ASAP. You need a family law attorney so I suggest you pose this question in the family law PRACTICE AREA. Good Luck. Hope this helps?

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