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Domestic violence and child custody

If there has been domestic violence in your family, the judge must follow special laws to protect your child when deciding custody. These laws help make sure custody and visitation orders keep children and parents safe.

What counts as domestic violence?

Domestic violence can take many forms. It can be emotional, financial, or physical abuse, and it can happen in person or online.

Someone may abuse you by:

  • Controlling your money or access to basic needs

  • Keeping you away from friends or family

  • Threatening, hurting, or scaring you

How custody works

There are two kinds of custody:

  • Physical custody means your child lives with you most of the time.

  • Legal custody means you make important decisions about your child’s health, education, and well-being.

Parents can share custody (joint custody) or one parent can have full custody (sole custody).

The judge decides based on what is in your child’s best interest.

When domestic violence affects custody

Special laws guide how a judge decides custody when domestic violence has happened.

Which law applies depends on:

  • When the abuse happened, and

  • Whether a court was already involved.

If a parent has a conviction or restraining order

If a parent has been convicted of domestic violence or committed abuse in the last five years, the judge must follow Family Code section 3044.

This law requires the judge to review specific factors before giving that parent any custody.

In most cases, the judge gives sole legal and physical custody to the non-abusive parent.

The abusive parent may still visit the child, but usually with limits or supervision.

🔗 Learn more: Domestic violence and child custody (Family Code section 3044) (opens in a new tab)

Get the Family Code section 3044 handout in different languages
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If a parent accuses the other of abuse

If one parent says the other committed domestic violence, the judge must look at the evidence and decide what's best for the child.

If the judge gives the accused parent custody or unsupervised visits, the judge must explain why they decided to do that.

You can tell the judge about domestic violence in your case by completing and filing a Declaration (form MC-030) (opens in a new tab).

💬 Get help

If there has been domestic violence in your family:

Key takeaways

  • Domestic violence can be emotional, financial, or physical.

  • Judges must follow Family Code section 3044 if there was abuse in the last five years.

  • The abusive parent may get visitation but usually not custody.

  • You can use Form MC-030 to tell the judge about domestic violence.

  • You can get free help from your local self-help center.

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