In dealing with domestic violence allegations in California, there are two situations where child custody becomes a concern. The first situation occurs when a parent is convicted of a domestic violence charge (either against an intimate partner or against his or her child) and the second occurs when a child’s parents are separating or divorcing and one parent has a history of domestic abuse. In either case, the person seeking child custody should employ a qualified criminal defense lawyer and skilled family law attorney to navigate the complex laws and procedures involved.

Any crime committed by one intimate partner against another falls under California domestic violence law. The definition of intimate partner has been extended to cover spouses, former spouses, couples living together now, couples who previously lived together, couples currently dating and couples who previously dated. The couple may or may not have children together. The law covers both heterosexual and homosexual partners. In addition, the definition of intimate partner includes children (adopted, in foster care, and blood related) as well as grandchildren. Domestic violence convictions often include jail time. A person sentenced to prison will face child custody obstacles, both while serving the sentence and afterwards. Furthermore, if a parent receives a conviction for child abuse, the parent will almost always lose custody until rehabilitation has occurred and the child is not in any danger.

The most important question that the court examines in a child custody dispute is what the child’s best interests are. Unless one parent has demonstrated an inability to adequately care for the child, the parents are looked upon equally by the court. However, if one parent has been convicted of D.V. and therefore sent to prison, his or her child will be removed from the parent’s custody, at least temporarily. If the other parent has a clean record and is deemed fit by the court, that parent will be awarded custody. If the parent is not fit, the child will be placed with a friend or family member who is able to adequately care for the child. When there is no such friend or family member, the court may place the child in protective services.

Even if a parent does not face domestic violence charges, child custody issues must be settled when the couple goes through a divorce or separation. Again, the court looks to determine what outcome would be best for the child. If one parent does have a history of domestic violence, that parent will face an uphill battle, regardless of whether a conviction transpired. Sometimes such proceedings involve Family Court Services mediation to try to resolve custody issues.

To determine which parent is most suited to care for the child, Family Court Services (FCS) will review both parents’ histories of alleged domestic abuse by performing an extensive background check. They will look for any criminal charges and the outcome, conduct interviews with persons who are close to the parents and child, and check for any allegations of domestic abuse, including restraining orders issued against either parent. They will likely consult with Child Protective Services and/or any other sources deemed relevant to the investigation. The presence of any criminal charges, especially dealing with domestic violence, will greatly reduce the chances of a parent obtaining custody. In some instances, not only does the parent lose custody, he or she might also lose visitation rights. The judge may instate requirements which must be met before the parent can spend time with the child.

When dealing with child custody issues, it is very important for both parents to have good legal representation. If a parent faces an intimate partner violence charge, that person should contact one of the experienced domestic violence attorneys at the Kavinoky Law Firm. They have years of practice in California domestic violence law. In addition, they have a host of resources for child custody issues and can recommend a good family law attorney to help with special issues. Fighting domestic violence charges can be very stressful and when a parent’s custody of his or her child is at stake, the situation is that much worse. Having a good lawyer is crucial to ensuring that the parent have the best chance of maintaining custody and avoiding the potentially damaging consequences of any domestic violence conviction.