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Legal Information: California


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April 4, 2019

If I have moved away from the house where the abuser and my children currently live, will this hurt my chances of gaining custody?

It depends. If you move out of the family residence, the judge will NOT consider this as a factor when deciding custody or visitation if:

  • You left to escape domestic violence or the threat of domestic violence by the other parent; or
  • The absence is brief and during the absence you have shown an interest in maintaining regular contact with the child and show no intention of abandoning him/her. If you tried to keep in contact with your child but couldn’t because the other parent interfered, this will also be considered by the judge.1

1 Ann.Cal.Fam.Code § 3046(a) & (b)