City & County of San Francisco v. H.H.
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Family Code section 30441 creates a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence against the other party seeking custody within the past five years is detrimental to the child. If the court determines the presumption has been overcome, it must state its reasons in writing or on the record. The trial court issued a restraining order protecting a mother from the father of a child (born in 2015) and, citing the statute, granted the mother sole legal and physical custody. The court left intact a visitation schedule under which the child lived with each parent approximately half of the time. There were problems with the father not returning the child after his visitation.
The court of appeal reversed the visitation order, stating that the case illustrates the need for clear and specific findings to facilitate appellate review and to inform the parties and ensure consideration of the proper factors in the first instance. The schedule amounted to joint physical custody, in violation of the statute. The trial court erred in refusing her request for a statement of decision.
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