In many family law cases, parents reach agreements about custody. Lawyers often turn those agreements into written stipulations and submit them to the court. This can save time and reduce conflict.
But when a case involves domestic violence, California law does not allow custody decisions to be handled that way alone.
Family Code § 3044 places a special duty on the court. Even if both parents agree on custody, the judge must still determine whether the law allows that result.
A recent appellate decision, In re Marriage of J.G. & K.G. (2025) 110 Cal.App.5th 1214, explains why this requirement matters.
The Law Protecting Children in Domestic Violence Custody Cases
California lawmakers determined that domestic violence can put children at risk. Because of that concern, Family Code § 3044 creates a legal presumption against giving custody to a parent who committed domestic violence within the previous five years.
A presumption in the law means the court must start with a specific assumption. In this situation, the assumption is that giving custody to that parent would not be in the child’s best interests.
The parent can try to overcome that presumption. But the court must review certain factors before deciding whether custody is appropriate.
What Happened in In re Marriage of J.G. & K.G.
The appellate decision involved parents who reached an agreement about custody after a trial.
During the case, the trial court determined that the father had committed domestic violence against the mother. That finding triggered Family Code § 3044.
Even so, the parents agreed to share joint legal custody. The trial judge accepted the agreement and approved the custody arrangement.
However, the judge did not make written findings explaining whether the presumption under § 3044 had been overcome.
The Court of Appeal concluded that this was a problem.
The appellate court explained that the statute is mandatory. Once domestic violence is found, the court must analyze the statutory factors and make findings on the record. A custody agreement between parents cannot replace that legal step.
Because the required analysis was missing, the custody order was reversed.
Why Courts Must Make Their Own Findings
Family law courts have a responsibility that goes beyond resolving disputes between adults.
When custody is involved, the court must also protect the child’s interests. That responsibility cannot be transferred to the parents.
Even if both parents believe a certain arrangement is best, the judge must still determine whether the law allows it. In domestic violence cases, the statute requires the court to evaluate whether the presumption against custody has been rebutted.
Without those findings, the court cannot legally award custody to the parent who committed domestic violence.
Agreements Between Parents Still Have a Role
This does not mean agreements are useless in custody litigation.
Parents can still stipulate to facts. For example, they might agree that a parent completed a batterer’s intervention program or complied with restraining orders.
Those agreements can help the court evaluate the statutory factors.
However, the final decision must still come from the judge. The court must determine whether those facts are enough to overcome the presumption created by Family Code § 3044.
What This Means for Family Law Cases
The lesson from In re Marriage of J.G. & K.G. is straightforward.
Parents can agree on facts. Courts must decide whether custody is legally appropriate.
This rule protects children by ensuring that custody decisions involving domestic violence are carefully reviewed by the court.
It also serves as a reminder that even cooperative custody agreements must still comply with California law.
How Mines Law Firm PC Approaches Custody Issues Involving Domestic Violence
Custody cases involving domestic violence require careful attention to both the facts and the legal framework.
At Mines Law Firm PC, we focus on the statutes that control the court’s decision and ensure that the record addresses the factors required under Family Code § 3044.
When the law requires specific findings, the court must have a clear record to support them.
Understanding that structure can make a significant difference in how a custody case is decided.
Disclaimer
This article is provided for general informational purposes only and should not be considered legal advice. Every case is different and requires individual legal analysis. Reading this article does not create an attorney client relationship with Mines Law Firm PC.
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