Noble

Filed 8/19/21 Supreme Court publication order 11/10/

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

DESIRAE NOBLE,

F081597

Petitioner, (Super. Ct. No. 18FL-03280) v.

THE SUPERIOR COURT OF MERCED OPINION

COUNTY,

Respondent;

FORESTT NOBLE,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate. Shelly Seymour, Judge. Family Violence Appellate Project, Cory Hernandez, Arati Vasan, Jennafer Dorfman, and Erin C. Smith; Morgan Lewis & Bockius, William Peterson, Catherine Eschbach, and Deborah E. Quick, for Petitioner. No appearance for Respondent. Archer & Emery and Skye Emery for Real Party in Interest. -ooOoo- Family Code section 30441 establishes a rebuttable presumption that it is not in the child’s best interest to award joint or sole legal or physical custody to a parent who a court has found to have committed domestic violence against the other parent within the previous five years. (§ 3044, subds. (a), (d)(2).) The presumption can only be rebutted if the court finds both that the perpetrator of domestic violence has demonstrated it is in the child’s best interest to grant the…