Rebuttable Presumption
Orange County’s divorce lawyer for family law and ensuring father’s rights. If you are a father facing divorce, we can help you with paternity matters, custody and visitation, child support, spousal support, equitable property division, domestic violence, and restraining orders.
Rebuttable presumption, in regard to family law, is usually attached to findings of liability for domestic violence. Normally, such findings have a presumption that it is not in the best interests of minor children to be in the custody of the offender.
However, it is a presumption that can be rebutted (refuted or argued) by a showing of evidence that the presumption should not apply in a particular case. The best way to rebut a presumption is to defend the underlying assumption before it becomes fact.
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