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How can you obtain custody of your children with a domestic violence charge?

If a court found you guilty of domestic violence, various areas of your life may change, including your ability to obtain custody of your child during a divorce. According to the Judicial Branch of California, the judge cannot give custody to the parent who committed domestic violence.

Judges treat cases like domestic violence cases if a court decides you committed domestic violence or have a domestic violence conviction within the last five years.

When can you obtain custody of your child?

If you prove that you have your children’s best interests in mind, the judge may award you joint or sole custody. Before you fight for custody, you can take a few actions. A judge may award custody if you do one of the following:

  • Complete a 52-week batterer intervention program
  • Complete a parenting class when ordered
  • Comply with terms of probation and parole
  • Follow all restraining order rules
  • Complete substance abuse counseling if necessary

If you want custody of your child, you cannot commit further domestic violence.

How can you agree on a parenting plan with your ex?

If your ex has domestic violence allegations against you, there is a chance that he or she will not want to work with you on the parenting plan. For example, if you have a mediator, you may need to meet separately to discuss the parenting plan. You do not have to be in the same room to work out a parenting plan.

Despite a domestic violence charge, you may still be able to obtain visitation with your children. Even in cases where you cannot have custody, a judge may rule in your favor for visitation.



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