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Mei Ling Case Summary

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Zynal Aziz

Issue: Can Meiling share or have custody of Rose despite having a misdemeanor domestic violence criminal conviction against her?

Rules:
1) § 3044. Presumption against persons perpetrating domestic violence is the first applicable law in this case. § 3044 states, upon a finding by the court that a party seeking custody of a child has committed domestic violence against the other party seeking custody of the child within five years, there is a rebuttable presumption that the person seeking custody, who has committed the domestic violence offensive, is detrimental to the best interest of the child. This presumption may only be rebutted by a preponderance of the evidence. Cal. Fam. Code § 3044 (a) (Deering 2006).
2) § 3011. Best …show more content…
Cal.Fam.Code § 3011(a).

Mei ling will argue, by Robert sleeping with a knife by his side, he is an unsafe parent because he has the possibility of injuring Rose. Rose is two years old, so she can easily pick up the knife while Robert is sleeping and hurt herself. Mei ling can also argue that Robert’s paranoia–while on drugs–is also an unsafe environment for Rose because Robert will not be in the right mindset to take of a child when he is hallucinating on drugs. Meiling can also argue, Robert smoking methamphetamine in their home shows an unsafe environment for Rose because exposure to the chemicals in methamphetamine can be harmful to Rose’s health.
On the other hand, Robert will argue that Rose cannot provide a safe environment for Rose. Mei Ling having a domestic violence conviction shows she will not be able to provide a safe environment because she displays violent tendencies. Robert will also argue Meling scratching him proves Rose will not be able to provide a safe environment for Rose because she sometimes initiates violence.
Even though Mei Ling was convicted of domestic violence, Mei Ling will be able to provide a safer environment for

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