Marr. of Fajota
Annotate this CaseElenita Fajota appealed a trial court order granting her ex-husband, Romer Fajota, joint legal custody of the couple's three children. According to Elenita, Romer admitted to engaging in acts of domestic violence, and the trial court found that Romer had committed domestic violence against her. Elenita argued on appeal that in awarding Romer joint legal custody, the trial court failed to apply the rebuttable presumption set forth in Family Code1 section 3044. The Court of Appeal agreed with Elenita that the trial court abused its discretion by failing to apply the mandatory presumption set forth in section 3044 when it determined that the parties would share joint legal custody of the children. Therefore, the Court reversed the custody order of the trial court contained in the judgment of dissolution, and remanded the matter to the trial court to apply the mandatory presumption in determining the custody of the children.
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