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Oceanside Child Custody & Domestic Violence Legal Services

Navigating Child Custody Challenges Involving Domestic Violence

Even though California operates under the no-fault rule for terminating marriages, evidence of domestic violence or abuse can significantly affect court decisions regarding child custody and visitation.

If you are facing a child custody situation that involves allegations of domestic violence or a parent with a history of family abuse, we strongly advise that you turn to Palmer Rodak & Associates for qualified family law representation. With more than 60 years of collective experience and California Certified Specialist in Family Law Trial Advocacy on our team, we have what it takes to ensure your safety, protect your rights, and reach a custody arrangement that is in your child’s best interests.

Reach out to us at (760) 573-2223 for legal assistance today.

California Laws Regarding Presumption against Joint Custody

In general, the position of most courts across the U.S. is that when domestic violence has played a part in a marriage or between unmarried parents, it becomes a relevant factor in custody determinations. In California, laws have been established that create what is called a presumption against giving any type of custody to a parent who has been found guilty of domestic violence against the other parent or a child. Awarding custody to a parent deemed abusive is a violation of the child’s best interests, which is the overruling guideline for custody arrangements.

The only way for an allegedly abusive parent to overcome the presumption against a custody award is by presenting evidence to the court that will convince a judge otherwise.

Such evidence can include:

Completion of a batterers' treatment program
Completion of a drug or alcohol rehabilitation program
Completion of a parenting education class
Successful completion of the terms and conditions of probation or parole
Compliance with the terms and conditions of a protective order or restraining order
Evidence showing the absence of any further acts of domestic violence against the family

Addressing Controversies in Domestic Violence Custody Cases

Despite the laws against granting custody in domestic violence cases, questions and controversy remain. What type of behaviors make up a domestic violence claim? What happens when both parties have been found to be violent? What if only one incident of violence occurred? Will denying a parent custody actually protect a child? What are the consequences of children growing up without contact with a parent? These types of questions cast doubt on how domestic violence should be handled in any custody case.

While it is legally recognized that evidence of domestic violence acts as a major consideration in custody determinations, controversy over how to resolve such custody disputes remains. If the issue of domestic violence is a factor in your child custody situation, you need the representation of a legal team adept in handling such matters in court. You need the support of Palmer Rodak & Associates.

Contact us at (760) 573-2223 for comprehensive legal counsel.

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"My kids are my world and I am very happy to have her represent me in my case. I am extremely relieved having her by my side."
Layla made me feel so confident right away. She’s a very smart, strong woman who knows what she’s talking about. My kids are my world and I am very happy to have her represent me in my case. I am extremely relieved having her by my side.

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Matthew Palmer and his team are fantastic. They were very helpful and competent. If you are looking for an experienced attorney to help resolve your divorce or custody case, I highly recommend this firm.

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Palmer Rodak & Associates are hands down the best and most knowledgeable staff in the San Diego/Oceanside area. Matthew Palmer has worked with me on a few different motions with 100% success.

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Such a great staff! They all made a horrible experience so much easier. Excellent customer service and professionalism during every phone call, meeting and email. I would not hesitate to tell any and everyone how wonderful this team is! I cannot thank you enough!

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All of the associates at the Palmer and Rodak firm were so kind and understanding. They all worked with me and fought for what was right. I'm very grateful to them for helping me to move forward in my life.

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This Family Law Firm goes beyond all expectations. Palmer Rodak & Associates are the most professional, and compassionate legal team in San Diego.

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I retained Layla to assist me with a post-judgment custody case. Not only did she explain everything to me in a way I could understand she kept my costs down by running every possible scenario by me and giving me an estimate of the fees. I felt like I was in control of my case while receiving competent counsel and representation.

- William G.

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Certified Family Law Specialists
A certified specialist is more than just an attorney who specializes in a particular area of law. A certified Family Law Specialist must have passed the appropriate examination, fulfilled ongoing education requirements and been favorably evaluated by other attorneys and judges.
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When you work with us you get representation that is backed with over 60 years of collective experience. Our team works together to ensure your best interests are met.
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