Appellate decision · California · Custody · Best interests · Parental relocation
California appeals court requires independent domestic-violence presumption analysis in custody case
The court reversed custody and visitation orders after the trial court treated a finding in a separate child’s case as binding.
Published November 3, 2026 · Reviewed by David Martino
The Fourth District Court of Appeal held that a prior finding that the father had rebutted Family Code section 3044’s domestic-violence presumption in a different child’s case did not preclude the mother from litigating the issue here. The court found prejudicial error in declining to apply the presumption and reversed the custody and visitation portions of the order, remanding for limited proceedings and required findings. It left the sanctions ruling undisturbed and did not decide whether the father could rebut the presumption on remand. The opinion was filed August 18 and certified for publication September 8, 2026.