Maria R. v. Eddie D. CA2/1
Maria R. appeals from the trial court’s order granting her former husband, Eddie D., joint legal custody of their then 10-year-old daughter, to begin upon expiration of a one-year domestic violence restraining order protecting Maria from Eddie. Maria contends the court abused its discretion in failing to apply the rebuttable presumption under Family Code section 3044 that it is not in a child’s best interest to award joint custody to a parent found to have committed domestic violence against the other parent. We agree with Maria’s contention and therefore reverse the portion of the custody order awarding joint legal custody and remand the matter for the trial court to apply the mandatory presumption in determining legal custody.
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