Custody Battle Defense Strategies

Summary

In California, overcoming Family Code 3044 presumption requires demonstrating rehabilitation and proving increased custody benefits the child. Steps include showing evidence of completed programs, gathering support from credible witnesses, and understanding domestic violence definitions. Documenting rehabilitation efforts, such as anger management and counseling, is crucial. Consider obtaining documentation or testimonies from programs and counselors to present in court. Understanding domestic violence includes recognizing physical, emotional, psychological, or financial abuse.

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I want to gain more custody of my kids but am battling a Family code * presumption. How could I defend myself and prove the presumption is wrong.
In California, Family Code * presumption can be challenging. Here are some general steps to counter it:
- Demonstrate evidence of rehabilitation and any efforts to change behavior.
- Show the court how increased custody is in the child's best interest.
- Highlight support from credible witnesses or professionals.
- Present any completed programs or counseling proof.
Could you share more about the specifics of your case, like any actions you've taken towards rehabilitation?
I have taken anger management programs, parenting programs, high family stabilization programs. I have also received mental health counseling from the VA, and have a biblical counselor.
It sounds like you've been proactive about rehabilitation, which is a positive step. In California, demonstrating a commitment to change and improvement can be crucial. Have you gathered documentation or testimonies from the programs or counselors you've engaged with to present in court?
NOt yet. I also want to update on the requirements of the law to demonstrate what is domestic violence.
In California, domestic violence includes any form of abuse (physical, emotional, psychological, or financial) by a current or former spouse, cohabitant, or someone with whom you have a child. Here are a few points to consider:
- Physical harm or attempts to cause harm.
- Sexual assault.
- Threats of harm or physical intimidation.
- Harassment or stalking.
It's important to gather documentation of any rehabilitation efforts to support your case. Do you need assistance with gathering this documentation or any further legal guidance?