CALIFORNIA FAMILY LAW
...Custody and Visitation
......Factors Considered in Cust./Visit. Award
.........Domestic Violence: Statutes
13 Cards On This Topic:
  • Effect of domestic violence on custody and visitation orders.
  • Court should not make order inconsistent with TRO or protective order without specific findings; procedures for visitation.
  • Domestic violence is exception to frequent and continuing contact policy.
  • In determining best interests of child, court must consider abuse by one parent against other or child.
  • Effect of finding of domestic violence upon custody orders.
  • Visitation/custody orders after finding of domestic violence must specify the time, day, place, and manner of transfer of the child.
  • When making visitation/custody orders after finding of domestic violence, court shall consider whether supervised visits, suspension or denial is appropriate.
  • Court shall not consider absence or relocation from family residence due to domestic violence as a factor in determining custody or visitation.
  • To determine risk of abduction of child, court considers whether party has history of lack of parental cooperation or child abuse or there is substantiated evidence that a party has perpetrated domestic violence.
  • Custody orders should not be issued or modified ex parte absent showing of immediate harm to child, such as acts of domestic violence or sexual abuse of the child.
  • Person convicted of child molestation and required to register as sex offender may not receive custody or unsupervised visitation absent finding of no significant risk to child.
  • Legislature finds that there is a strong connection between domestic violence and child abuse.
  • Effect of issuance of conduct TRO on right to purchase or possess firearms.