Q: How easy is it for a man married, previous history with domestic violence, to get custody for child born out of wedlock?
Got pregnant by a man who is married but separated, he did go to jail and his wife fought him for custody over their child, they did resolve it. He then did some physical things to me, I got scared, broke up with him. Said he needed to get help. I found out I was pregnant. I decided to keep it. I do not trust that he will not do something erratic or dangerous again. So I am staying away from him while I'm pregnant. What are his rights in this situation? Again, we never lived together and are not married. Just were dating. I don't want child support. He's broke. I want to raise the child on my own. And discuss visitation possibly but not sure how I can have him in the babies life if he doesn't get mental help.
A:
you need to talk to family law specialist...............his domestic violence in my opinion would not take away parental rights
but you make bring this matter to court so that he does not have custody of child without supervision if his history suggests that is an issue.........
he would never get full custody but he may ask and be awarded partial and or visitation if he moves the court.
A: California Family Code section 3044 provides that custody with a parent found to have committed domestic violence against the other parent or the child within the previous five years, is presumed to be detrimental to the child. This presumption can be overcome. In the meantime, the effect of the presumption is devastating to a close parent/child relationship because it can be used to reduce the parent/child time spent together.
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