California Court Reverses Joint Custody Order, Reinforces §3044's Domestic Violence Presumption

In a firm reminder that Family Code §3044 isn’t just a suggestion, the Third Appellate District reversed a trial court’s joint custody order, holding that courts cannot sidestep the legal presumption against awarding custody to abusers—even if both parents agree to share custody. In this case, the trial court acknowledged that father had committed domestic violence but upheld joint custody based on the parties’ agreement and without making the findings required by statute. The appellate court emphasized that §3044 creates a mandatory presumption: giving custody to a parent who committed domestic violence within the last five years is presumed to be against the child’s best interests. That presumption can only be rebutted with specific findings—not vague reasoning or parental compromise.

For family law attorneys, this case is a critical precedent reinforcing that domestic violence findings require real analysis, not rubber stamps. If you're briefing a §3044 issue or preparing for a custody hearing, our litigation support team can help frame your arguments and dissect the record for appellate leverage.