Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the child, the other party seeking custody of the child, or others, as specified, there is a rebuttable presumption that granting custody to the party who perpetrated domestic violence is detrimental to the best interest of the child. Under existing law, this presumption may only be rebutted by a preponderance of the evidence.
This bill would require a court, before making an order granting custody of a child, to make independent findings relating to whether a parent or the child are victims of human trafficking or whether a parent has been convicted of, or caused the child or other parent to be a victim of, human trafficking. The bill would require a court, if the court found that a child or parent has been the victim of human trafficking, to include in an order granting custody how the order provides the necessary protections to the child. The bill would impose, if the court finds that a parent has been convicted of or caused human trafficking, as specified, a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child that may only be rebutted by a preponderance of the evidence.