If you have a domestic violence charge or conviction under your belt, you may wonder how said charge or conviction will affect your California custody case. Does the charge or conviction mean you will receive less custody of your child? Unfortunately, according to The Judicial Branch of California, the answer is likely yes.
California recognizes two types of custody: physical and legal. Physical custody is the type of custody over which most parents fight, as most parties want as much time with their little ones as possible. In an ideal situation, the courts will award each parent equal amounts of custody, but most situations are not ideal. In non-ideal situations, the courts may award one parent more time than the other. Judges are very selective in how they choose to administer custody which is why petitioning for more custody is a challenging and drawn out process.
If you and your spouse have had children together and decide to get a divorce in California, you will need to make some agreements about how your children will be cared for. Some of the angles you will need to explore include the best interests of your children, the location of where you and your soon-to-be-ex will be living, and the current relationships your children have with both you and your spouse.
When a mother names you the father of her child in California, you should do everything possible to verify it is the truth. Being the legal father of a child means you become responsible for that child. This includes financial support. If you find out later that you are not really the father, you have little recourse. Sometimes, a mother will name someone even though she is not sure he is the father. According to Very Well Family, this is paternity fraud.
Domestic violence is about power and control. The children of domestic violence victims are often caught in the middle.