Child Custody and Child Visitation Documented Domestic Violence
Is Domestic Violence Considered by Orange County Family Law Courts When Making Child Custody Orders?
Documented domestic violence may have a significant impact on a divorce court’s child custody orders.
Divorce courts are directed by statute to take domestic violence into consideration in making child custody orders. An award of joint legal child custody or physical child custody to a parent who has been found to have committed domestic violence in the last five years is presumed to be detrimental to the best interest of a child (Christina L. v. Chauncey B., IRMO Fajota, and Celia S. v. Hugo H.).
The consequences of committing domestic violence can be serious and long term. Actions that constitute domestic violence are far more expansive than is often thought (stalking, blocking passage, taking possession of another’s cellphone, implied threats, etc.). Obviously, each event is fact-driven, must be taken in context and may be interpreted differently by different family courts.
Child custody, visitation and child support orders survive the end of or termination of a DVPA protective order (Moore v. Bedard).