When dividing property in a divorce, you’ll want to know what is family law code 3044. It’s a complicated law that can be confusing for people who don’t have the expertise to make a decision. There are three main areas that family law code 3044 applies to. Let’s take a closer look at each of them. If you’ve been in a bad relationship with an abusive partner, this code can protect your children.
A 30-44 finding will greatly impact custody of your children. It means that the court agrees with the finding that you’ve committed domestic violence within the past five years. To get custody, you need to prove that you’ve taken parenting classes, drug counseling, probation/parole, and any other broadly defined factor. Even if you don’t have any of these options, it’s important to remember that it’s the court’s job to determine what’s in the best interests of the children.
If you’re wondering what the legal criteria are for joint custody, a section of family law code 3044 is the answer. It’s a presumption that granting joint legal custody to the father would harm the children’s interests. In this case, the court found that the Father’s actions in 2011 had violated a 2011 restraining order. Although domestic violence is defined as disturbing the peace of a spouse, it’s not necessarily physical violence. The judge also had to consider other rebuttal factors, such as whether the children had any other ties with their father.
California’s Family Code 3044 outlines the conditions under which a court will determine whether a parent is detrimental to the child’s well-being. If it does, it’s likely to award sole custody to the other parent. However, you should be aware that this presumption will be overcome by overwhelming evidence in your favor. If you think your ex is abusing you, it’s time to hire an attorney.
