In Ca, as respondent, how to argue against 3044 presumption.

Question

Respondent is loving Dad to 2 minor children 4,6. Ex-fiancé  took kids by force with family members.  Alleged Dv 3 was later.  No order on kid.  Dad only gets 1 hr supervised visits.  No allegations of prior DV or incidents.

James L. Arrasmith · Answer

To argue against the 3044 presumption in California, you need to provide evidence showing that you do not pose a risk to your children and that granting custody or unsupervised visitation would be in their best interest. Start by gathering evidence of your positive relationship with your children, such as photos, videos, or testimonials from friends, teachers, or other professionals who can attest to your parenting. Show that you have a stable living environment and a history of being actively involved in their care. 
 
You should also consider any evidence that challenges the allegations of domestic violence or minimizes their impact. If the incident in question was isolated, or if you have taken steps such as attending anger management or counseling, bring this to the court’s attention. The aim is to demonstrate that any past issues do not affect your ability to be a responsible and loving parent. 
 
Finally, prepare a clear plan that outlines how you intend to support and care for your children moving forward. Be prepared to propose alternative visitation arrangements that are safe and in the children's best interests, showing flexibility and a willingness to cooperate with the other parent. By focusing on the children's well-being and presenting yourself as a committed and caring parent, you can work towards rebutting the 3044 presumption.

Q: In Ca, as respondent, how to argue against 3044 presumption.