My ex and I broke up, and a month later, she let me see my daughter four times a week. After 30 days, she filed for a restraining order. I never put my hands on her. Once, we argued, and I smashed my own car window. This incident swayed the judge, and she was granted a 2-year restraining order.
In California, a restraining order comes with Family Code 3044, which assumes I am not in the best interest of my daughter. Because of this, my ex now has full legal and physical custody, and I only get to see my daughter on weekends. I don’t know who is babysitting her during the week or about her well-being.
If I can prove to the court that I am in the best interest of my daughter, I can at least get 50/50 custody. How do I overcome Family Code 3044?
Section 3044: Presumption regarding custody award to an individual who has committed domestic abuse, California Family Code § 3044 | Casetext Search + Citator.
To overcome the presumption under Family Code 3044 and pursue 50/50 custody, you’ll need to show that you are a positive and stable presence in your daughter’s life. Gather evidence of your commitment, such as records of your interactions, proof of any counseling or parenting classes you’ve attended, and evaluations from child psychologists or family therapists. Request a formal custody evaluation to provide a neutral assessment of your parenting capabilities. Ensure compliance with all legal requirements related to the restraining order and demonstrate a stable home environment. Working with a family law attorney can also help you navigate this process and strengthen your case.