CALIFORNIA FAMILY LAW
...Custody and Visitation
......Factors Considered in Cust./Visit. Award
.........Past Acts/Crime
............Past Actions or Crime
9 Cards On This Topic:
  • Person convicted of child molestation and required to register as sex offender may not receive custody or unsupervised visitation absent finding of no significant risk to child.
  • To determine risk of abduction, court considers past actions, crimes, criminal record.
  • Unfounded accusations and unreliable and incredible testimony by W, support custody decision in favor of H even in absence of evidence that child has been affected by such conduct.
  • Statutory rape which caused conception of minor does not defeat father's request for visitation.
  • Murder of W by H does not necessarily render him an unfit parent.
  • Allegations of improper past acts by H, which occurred more than 2 years before hearing and were not factually sustained, held irrelevant.
  • Child may be declared free of parental care and control if parent convicted of a crime, the facts of which are of such a nature so as to prove the parent’s unfitness.
  • Where F's fitness questioned by factors other than facts underlying felony conviction, court to apply other statutory provisions with more gradual termination procedures and safeguards than exist in FC 7825.
  • Prior acts of domestic violence may be considered in custody matters.