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Custody Issues in California Domestic Violence Cases: Understanding and Applying Family Code § 3044 (Audio Only)

Produced on January 08, 2019

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Course Information

Time 74 minutes
Difficulty Intermediate

Course Description

This program, presented by family law attorneys Kemi Mustapha and Fawn Koopman of Bay Area Legal Aid, covers the ins and outs of Family Code § 3044, the "rebuttable presumption" against awarding custody to a perpetrator of domestic violence. Learn why Family Code § 3044 was enacted, how it interacts with other Family Code sections, when it applies, and when it is rebutted. The program will also go over the growing body of appellate cases interpreting Family Code § 3044 and best practices for when these issues arise in your cases.


Learning Objectives:

  1. Examine the legislative history of Family Code § 3044 and the social science research behind its enactment
  2. Identify when there is finding of domestic violence in your case, which triggers Family Code § 3044
  3. Review all seven factors to determine whether a perpetrator has rebutted the Family Code § 3044 presumption
  4. Know the holdings in recent appellate cases interpreting Family Code § 3044, including In Marriage of Fajota, Jaime G. v. H.L., Celia S. v. Hugo H., and Ellis v. Lyons
  5. Gain practical pointers to use when domestic violence issues arise in your family law case
  6. Apply skills learned to sample case studies

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Kemi Mustapha

Bay Area Legal Aid

Kemi Mustapha is a Staff Attorney at Bay Area Legal Aid (BayLegal), the largest provider of free legal services to the poor in the San Francisco Bay Area. Her practice is devoted exclusively to representing domestic violence survivors in all aspects of family law litigation. Kemi completed a two-year Equal Justice Works fellowship at BayLegal’s San Francisco County Regional Office dedicated to expanding and improving delivery of direct legal services to African-American domestic violence survivors through culturally competent representation, advocacy, community education, and collaboration with other legal and social services providers. She spent several years working in BayLegal's Alameda County Regional Office before transferring to the Santa Clara County Regional Office in November 2017.

Kemi served as a member of the Family Law Executive Committee of the Alameda County Bar Association. She has previously served on the board of Black Women Lawyers of Northern California and chaired the Domestic Violence Committee of the Queen's Bench Bar Association.

Kemi earned her J.D. from Washington University in St. Louis School of Law in 2010. 



Fawn Jade Koopman

Bay Area Legal Aid

Fawn Jade Koopman is a staff attorney at the San Francisco office of Bay Area Legal Aid, a legal services agency providing free legal assistance to low-income individuals. Fawn received her J.D. from the University of Hawaiʻi at Mānoa. She is licensed in both Hawaiʻi and California, and moved to the Bay Area last year.  

Since 2012, Fawn has been representing survivors of domestic violence, sexual assault, and trafficking in their family law and immigration cases. Fawn has provided a variety of trainings on domestic violence theory and practice for attorneys, judges, public servants, domestic violence agencies, and direct service providers. She also drafted Hawaiʻi's first Address Confidentiality Program bill for the Women's Legislative Caucus, and chaired a public interest grant making organization responsible for providing over 5,000 hours per year of pro bono work.



Reviews

SD
Sheila D.

Excellent presentation. Very helpful and up to date. Thank you.

NF
Nickolaus F.

This was a very fine CA course with exceptional course written material. This is the best I've had this year on Lawline....kind of wished it had also been on video actually....next time!

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