Hey guys, I need some advice. My ex and I split up, and things seemed okay at first with her letting me see my daughter four times a week. But then, after 30 days, she filed a restraining order against me, even though I’ve never been violent towards her. There was one incident where I got mad and smashed my own car window, which was dumb, I know. Now, with the restraining order in California, there’s this thing called Family Code 3044, which assumes I’m not in the best interest of my daughter. As a result, my ex has full custody and I only get weekends with my daughter. I’m really close to her and I’m worried about her well-being during the week. How can I fight Family Code 3044 to prove I’m a good father and deserve more time with my daughter?
Take classes and be patient. You need to demonstrate to the court that it’s best for your child to have more time with you.
The fact that the court granted you unsupervised time suggests the judge isn’t overly worried.
Unfortunately, the two-year restraining order puts you at a disadvantage, regardless of whether you think it’s fair.
Restraining orders can have long-lasting effects.
Stay focused and prove through a consistent record of safe parenting that you deserve 50/50 custody.
Hi, California Family Code 3044 covers issues related to child custody and visitation rights in cases involving domestic violence. It presumes that granting custody or unsupervised visitation to a parent who has committed domestic violence against the other parent is not in the child’s best interest, unless certain conditions are met to rebut this presumption.
It deals with presumption regarding custody award to individual who has committed domestic violence (a) In the event that the court determines that a party requesting custody of a child has committed domestic violence against the other party seeking custody of the child or against the child within the preceding five years.