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, when making a determination of the best interests of a child, a court to consider allegations that a parent has caused human trafficking of the child or other parent when evidence of specified circumstances within the past 10 years is presented to the court.