Can a domestic violence case with my current girlfriend have any effect on my trying to get visitation rights for my daughter?

UPDATED: Feb 10, 2012

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Can a domestic violence case with my current girlfriend have any effect on my trying to get visitation rights for my daughter?

I filled for visitation rights from my ex-girlfriend with whom I had a daughter. I have a domestic violence case which is still in affect, and am wondering if that has any affect in trying to get my daughter for visitation rights? The case is about 2 years old. There was no physical damage; no threat to a child (just verbal arguments). So will this have any type of affect in getting my daughter for visitation?

Asked on February 10, 2012 under Family Law, California


Jonathan Griffin / Griffin Law, PLLC

Answered 10 years ago | Contributor

It will be one of the things the Judge will consider, but shouldn't by itself be a reason you can't have visitation. The Judge will use a "best interest of the child" test and consider all relevant evidence. Be sure the Judge is presented all positive evidence of why it is appropriate for you to visit with the child. A good employment history, appropriate housing and transportation and your overall character are what the Judge will consider. If you have provided support for the child this is always helpful. Of course, your past relationship with the child will be considered.

If your evidence tends to show you are a responsible adult who loves the child and can appropriately care for the child you should be given visitatation.

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