California Family Code § 3011:
- Standard: Courts are required to determine custody based on the "best interests of the child." This standard is intended to be child-centered, but it can sometimes be interpreted in ways that disadvantage victims of abuse.
- Concern: An abusive parent might still be awarded custody or visitation rights if the court believes it’s in the child’s best interest, especially if the abusive behavior isn’t well-documented or if the abuse occurred in the past and there is a perception of change.
2. Family Integrity
California Family Code § 3020:
- Provision: This code emphasizes the importance of preserving the child's relationship with both parents.
- Concern: This provision can sometimes lead to decisions that favor maintaining contact with both parents, even if one parent has a history of abuse. The intent is to support the child’s relationship with both parents, but in practice, it can result in abusive individuals being granted more access or custody.
3. Domestic Violence and Custody
California Family Code § 3044:
- Provision: If a parent has been found to have committed domestic violence, there is a rebuttable presumption against awarding that parent custody.
- Concern: The term "rebuttable presumption" means that while there is an assumption against awarding custody to an abusive parent, this presumption can be challenged. If the abusive parent can show that it’s in the child’s best interest to have custody or visitation, the court might still grant it.
4. Restraining Orders and Enforcement
California Family Code §§ 6200-6209:
- Provision: These codes address restraining orders, including the issuance of temporary and permanent restraining orders.
- Concern: Enforcement and compliance with restraining orders can be inconsistent. An abusive partner may find ways to bypass or challenge restraining orders, especially if they have legal representation that can exploit procedural weaknesses or argue that the orders are unjustified.
5. Parental Alienation Claims
- Concern: Abusive parents sometimes claim that their ex-spouse is engaging in parental alienation—undermining the relationship between the child and the abusive parent. These claims can complicate custody disputes and sometimes shift focus away from the abuse itself.
6. Legal Representation and Resources
- Concern: Victims of abuse may face challenges due to lack of legal representation or resources. Abusive individuals may have better access to legal resources, making it difficult for the victim to effectively argue their case.
7. Parental Responsibilities and Financial Contributions
California Family Code § 4050 et seq.:
- Provision: This section deals with child support and financial responsibilities.
- Concern: In some cases, financial obligations and contributions may be used strategically by abusive partners to control or manipulate, particularly in custody disputes where financial leverage can influence decisions.