No Room for Shortcuts: California Court Reaffirms Strict Standards for Custody in Domestic Violence Cases

In a powerful 2025 decision, the California Court of Appeal reminded judges and attorneys alike that Family Code section 3044 is not a guideline, it’s the law.

In In re Marriage of J.G. (2025), the Third District Court of Appeal reversed a custody order that awarded joint legal custody to a father with a documented history of domestic violence. The court found that the trial judge had failed to properly apply the legal presumption against awarding custody to an abuser under California Family Code § 3044.

What Is Family Code § 3044?

California law provides that if a parent has committed domestic violence against the other parent or child within the past five years, there is a rebuttable presumption that awarding sole or joint custody to that parent is not in the child’s best interest.

To overcome this presumption, the court must make specific findings based on a list of statutory factors, including:

• Completion of a batterer’s intervention program;
• Compliance with probation, parole, and protective orders;
• Whether the perpetrator poses a continuing threat;
• Whether the custody arrangement is in the best interest of the child.

These mandatory factors are outlined in full in Family Code § 3044(b).

What Went Wrong in Marriage of J.G.?

The trial court in Marriage of J.G. granted joint custody without:

• Identifying that the § 3044 presumption applied,
• Evaluating the required statutory factors, or
• Issuing written or oral findings on the record.

This failure to follow statutory procedure was a reversible error. The Court of Appeal made it clear: trial courts cannot bypass or gloss over domestic violence findings in custody determinations.

Why This Case Matters

For survivors of domestic violence, this ruling is a victory. It reinforces that California’s family court judges must rigorously apply the law designed to protect children and survivors from further harm.

This case also sets a strong precedent for attorneys and litigants to insist on a full and proper application of § 3044. Custody orders that ignore the presumption, or fail to include findings, are vulnerable on appeal.

Resources for Parents and Attorneys

• 🔗 Family Code § 3044 – Official Statute
• 📝 California Courts: Child Custody and Visitation
• 📘 Judicial Council Form FL-327 – Used by evaluators in custody cases involving allegations of abuse
• 📞 California Domestic Violence Resource Center Directory

Final Takeaway

If you’re involved in a California custody case involving domestic violence, you need to know your rights,  and you need a judge who knows the law. Marriage of J.G. confirms that courts must apply Family Code § 3044 faithfully. Anything less is not just unfair, it’s unlawful.

Channe G. Coles

Family Law Attorney- Santa Barbara & Ventura Counties