There are two common situations where the custody of one’s child will come into play with respect to domestic violence in California. The first is if a parent is convicted of domestic violence (either against his or her intimate partner or against his or her child) and the second is if a child’s parents are separating and one parent has an alleged history of intimate partner abuse. It is important to note that California evaluates child custody issues in the same way for same sex parents as it does their heterosexual counterparts. When either of these events occurs, it is imperative that an individual who would like to keep custody of his or her child(ren) hires a GLBT supportive California domestic violence lawyer and a family lawyer who will help favorably resolve child custody issues.

In California, domestic violence laws apply to all crimes that are committed against one’s intimate partner (which, with respect to the gay, lesbian, bisexual and transgender community, includes partners who are or were civilly united, who are or were living together, who are or were dating and who have children together), against one’s child or against one’s parent. When convicted of this type of crime, significant jail and/or prison time may await. If an individual who has a child is sentenced to imprisonment, the custody of that child will become a major issue.

Child custody issues only raise one question - what is in the best interests of the child? Preference is usually given to both parents, unless one or both of the parents have demonstrated that they are unfit to parent. When a parent has been convicted of D.V. and is sent to jail or prison, his or her child will at least temporarily be taken out of that parent’s custody and, if the judge determines that it is safe, the child will be placed with the other parent or with a friend or family member if the convicted individual is a single parent. If there is no qualified friend or family member, the child will be taken into protective services. If the parent was convicted of a DV crime against his or her child, he or she will definitely lose custody of his or her child until the court is convinced that the parent has been rehabilitated and will no longer pose a threat to his or her child.

Child custody will also be at issue when parents decide to separate. A recent study indicated that most contested custody mediation cases in California, regardless of demographics, involve a history of intimate partner violence. Unfortunately, a history of domestic violence, even if there was never a conviction, can devastate a parent’s chances of getting custody of his or her child. When separation is initiated, Family Court Services may offer mediation services to try to resolve custody issues, focusing on the best interests of the child.

If an accused is facing an intimate partner abuse charge and wishes to maintain custody of his or her child(ren), it is critical that he or she contacts the experienced, gay-friendly attorneys at the Kavinoky Law Firm who will provide unparalleled representation to hopefully avoid any custody issues, period. With law offices in Los Angeles and throughout California, they are conveniently located to provide their exceptional legal advice and services to anyone in need of a LGBT supportive California domestic violence attorney. For questions about a domestic abuse charge or about how such a charge might affect child custody, contact them today for a free consultation.