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

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