At The Law Office of Alexandra McIntosh, we are committed to advocating for the safety and well-being of families facing challenging legal situations. One such critical area of focus is navigating divorce and custody matters involving allegations of domestic violence. Recent amendments to Family Code Sections 3011(a) and 3100(e) have introduced significant changes in how courts address issues related to visitation and custody when abuse is alleged.
The Updated Law
Under the previous law, courts were required to consider whether visitation should be monitored when abuse allegations were raised. However, the new amendments introduce more stringent requirements to ensure the safety of children in such situations.
The amended Family Code Section 3011(a) now mandates that if domestic violence or drug/alcohol abuse is alleged, courts must consider virtual visitation and grant unsupervised visitation only if it is determined to be in the child’s best interest. This shift emphasizes the paramount importance of protecting children from potential harm in situations involving abuse or substance abuse issues.
Additionally, the new law requires courts to explicitly state in writing or on the record that any custody or visitation order is in the best interest of the child and ensures the safety of all parties involved. This requirement applies even if the parties have reached a custody agreement through stipulation.
In cases where a protective order is granted, the court must now consider whether visitations to the restrained party should be suspended or denied, supervised, or conducted virtually. The inclusion of virtual visitation as an option reflects the evolving nature of technology and its potential to facilitate safe interactions in challenging family dynamics.
Navigating Custody Stipulations in Cases of Abuse Allegations
In the past, custody stipulations reached by fit parents were often granted great deference by the court. However, in cases involving allegations of abuse or domestic violence, this approach has evolved to prioritize the safety and best interests of the child above all else.
For in-court stipulations, it is crucial to engage in a detailed understanding between the court and the parties or counsel to ensure that all required findings related to the child’s best interest and safety are adequately addressed.
Out-of-court written stipulations must also include specific facts supporting the best interest finding, such as clarifying that the alleged abuse did not involve the child or occur in the child’s presence.
Without the necessary best interest stipulation backed by factual support, the court may not approve the stipulated order, highlighting the importance of thorough negotiation and documentation in cases involving abuse allegations.
The Law Office of Alexandra McIntosh
If you or a loved one is involved in a divorce or custody dispute where domestic violence is a factor, it’s crucial to seek experienced legal representation. At The Law Office of Alexandra McIntosh, we understand the complexities and sensitivities of these situations and are dedicated to advocating for the safety and well-being of our clients and their children.
Don’t navigate these challenging legal matters alone. Contact us today to schedule a confidential consultation and discuss your options for protecting your family’s best interests.
