In re Marriage of J.G. and K.G.

In this case, in 2021 the trial court found that Father had abused Mother in 2019, and ordered the parties to share joint custody, noting the parties had agreed to this before.  In 2023, a second judge denied Mother’s request to modify custody, finding that Father had rebutted the Family Code section 3044 presumption. The second judge also noted that Mother had agreed to joint custody before.  The Court of Appeal reversed, concluding that neither judge had analyzed the mandatory rebuttal factors in section 3044, so neither had properly found the presumption rebutted.  Even if the parties want to reach an agreement on custody, the court must still independently determine the child’s best interest and whether the section 3044 presumption has been rebutted.  Parties cannot stipulate around section 3044 or stipulate that it has been rebutted without the court also making the mandatory findings.