Rebuttable Presumption

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.