L. A. Cnty. Dep't of Children & Family Servs. v. C.E. (In re C.M.)

*103 C.E. (father) appeals an order providing that he and B.D. (mother) share joint legal custody of their son, C.M., issued as part of an order terminating dependency jurisdiction under Welfare and Institutions Code section 362.4. 1 Father contends it was error to order joint legal custody in *104 light of Family Code section 3044 and sustained petition allegations that mother engaged in acts of domestic violence against her male companion in the presence of her children. Alternatively, father contends the *392 joint legal custody order was an abuse of discretion. The Los Angeles County Department of Children and Family Services (Department) contends the joint legal custody order was a valid exercise of the court's discretion. We conclude Family Code section 3044, and its rebuttable presumption against awarding sole or joint custody of a child to certain perpetrators of domestic violence, does not apply to dependency proceedings under section 300 et seq. We also find the juvenile court's decision to award joint legal custody was not an abuse of discretion, and so we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Mother has two children, half-siblings C.M. (born June 2012) and N.M.…