Q: Can a judge ignore family code section 3044 and still grant a party perpetrating domestic violence joint custody?

A: Family Code Section 3044 in California addresses the issue of domestic violence and its impact on child custody decisions. It states that if a court finds that a parent has committed domestic violence against the other parent within the past five years, there is a rebuttable presumption that granting custody to the abusive parent is not in the best interest of the child.

However, family law cases can be complex, and judges have discretion in making custody determinations based on the specific facts and evidence presented in each case. While Family Code Section 3044 establishes a presumption, it doesn't mean that a judge must automatically deny custody to a parent who has committed domestic violence. The presumption can be rebutted if the accused parent can provide evidence to challenge it or demonstrate that it is not in the child's best interest to deny them custody.

If you believe that your concerns about domestic violence are not being adequately addressed or that the court is ignoring the evidence you have presented, it may be beneficial to consult with a family law attorney. They can provide guidance based on their knowledge of your specific circumstances and the relevant laws in your jurisdiction. An attorney can help you understand your rights, navigate the legal process, and present your case effectively in court.

Remember, laws and procedures may vary depending on your jurisdiction, so it's important to consult with a legal professional who is familiar with the laws in your area.