I was recently granted a restraining order against my child's father, at the time we were also in court for visitation. The judge granted RO but has not made changes to visitation we need to go to mediation and will do that next month. As I'm researching code 3044 it states perpetrator of DV will lose the joint legal and physical custody they had. If this happens what happens to the visitation that parent has? Will dad still have long blocks of time in the summer (dad lives over 250 miles away)? Can that happen when you don't have legal or physical custody? Shouldn't dad have smaller blocks of time like a weekend and a week here and there in the summer?
That will depend on what the Court finds is in the best interests of the minor child.
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Family Code Section 3044 is only a presumption for sole legal and sole physical custody for the protected party in a domestic violence situation. The presumption can be rebutted if it is shown to be in the best interest for both parents to be involved with the children. You should likely be attending Family Court Services (mediation) to discuss the pending custody and visitation modification request. If you don't come up with an agreement the court will look at the recommendation from FCS as well as weigh the facts surrounding the domestic violence that occurred.
I always recommend consulting with a family law attorney relative to the pending hearing and retain for representation so properly present the custody and visitation issues to the judge at the court hearing.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The information is for general information purposes only. This response is based on the limited information provided. It is always recommended that anyone with a legal question seek a consultation with an attorney to allow a thorough review of all the facts in question and possible outcomes. Mr. Bender is a founding member of The Grey Legal Group, APC and represents clients in Riverside, San Diego, San Bernardino, Orange and Los Angeles counties.
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