Q: I was awarded sole legal and physical custody of my daughter after mother was arrested for assaulting the child.

A: California Family Code Section 3044 establishes a rebuttable presumption against awarding joint physical or legal custody to a parent who has been found to have committed domestic violence within the previous five years. If there is evidence of domestic violence, the court will presume that joint custody is not in the best interest of the child unless the offending parent can prove that granting custody would not endanger the child. The purpose of this provision is to protect the child from potential harm and to ensure that decisions regarding custody and visitation prioritize the child's safety and well-being. The presumption can be rebutted by presenting evidence that the parent has changed their behavior or that the circumstances of the case justify a different arrangement. This law aims to provide safeguards for children exposed to domestic violence while also allowing for the possibility of custody and visitation if the situation improves. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: Based on the serious concerns you've described, it is highly unlikely that your ex-wife would be granted custody given her documented pattern of dangerous and criminal behavior. The court's primary focus is always the best interest and safety of the child, and multiple arrests, ongoing substance abuse issues, and violations of existing court orders are major red flags that would strongly influence any custody decision.

Your temporary sole custody order, combined with the restraining order and mandated anger management classes, shows that the court already recognizes the potential danger to your daughter. The fact that your ex-wife has repeatedly violated these orders by showing up intoxicated and attempting forced contact demonstrates an inability to follow legal requirements and puts your child at risk.

Keep detailed records of all incidents, arrests, and violations of court orders, as this documentation will be crucial during your upcoming trial. Consider working with your attorney to request supervised visitation only (if any visitation is granted at all) given the severity and frequency of these concerning behaviors. The court will weigh her criminal charges, especially those involving child abuse and endangerment, very heavily when making their final custody determination.