My ex and I split up, which we both thought was for the best. For a month, she let me see our daughter four times a week. Then, out of nowhere, she filed for a restraining order against me, even though I never hurt her. Once, I got mad and broke my own car window, which was dumb, I know. Somehow, this convinced the judge to grant her a restraining order for two years. In California, this also involves Family Code 3044, which basically assumes I’m not good for my daughter. I love my daughter dearly, and we’re very close; she’s even sleeping next to me right now; she’s three years old. Because of the restraining order, my ex now has full custody of her, and I only get to see her on weekends. I have no idea who takes care of her during the week or how she’s doing. If I can prove to the court that I’m good for my daughter, I might get joint custody. So, how do I fight Family Code 3044?
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The California Family Code 3044 is a code that addresses the issue of custody and visitation rights in cases that involves domestic violence. It only outlines a presumption against awarding sole, joint physical and legal custody of a child to a parent who has shown domestic violence against the other parent within a specified time frame.
Fam. Code 3044(a), subdivision (b) requires the court to find that the perpetrator of domestic violence has demonstrated that giving sole or joint physical or legal custody of the child to the perpetrator is in the best interest of the child. The court shall find that the factors listed in Cal. Fam.