Child abuse allegations in California custody cases can dramatically change parenting arrangements, even when the parents previously shared custody. The ongoing custody dispute between Halle Berry and her former husband, Olivier Martinez, provides a recent high-profile example of how quickly a court may be asked to intervene when a child’s safety is called into question.
According to recent reporting by the Los Angeles Times, Martinez alleged that Berry physically abused their 12-year-old son during a September 26 incident. Berry, through her attorney, strongly disputes the allegations, calling the filing meritless and misleading.
On October 1, 2026, a Los Angeles Superior Court judge granted a temporary restraining order and modified Berry’s parenting time pending a further hearing scheduled for October 16. The judge did not grant all of Martinez’s requests, including his request for sobriety testing. Martinez is seeking sole legal and physical custody of their son.
The dispute raises an important question for California parents: What happens to custody when one parent accuses the other of abusing a child?
How Do California Courts Decide Child Custody?
The overriding consideration in a California custody case is the best interest of the child. According to the California Courts’ guide to child custody and parenting time, judges consider factors that include:
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The child’s age and health.
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The emotional ties between the parents and the child.
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The child’s ties to school, home and community.
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Each parent’s ability to care for the child.
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Any history of family violence.
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Regular and ongoing substance abuse by either parent.
California Family Code section 3011 also requires courts to consider the child’s health, safety and welfare and any history of abuse when determining the child’s best interests.
Does an Abuse Allegation Automatically Mean a Parent Loses Custody?
No. An allegation is not the same thing as a judicial finding that abuse occurred.
However, a court does not necessarily have to leave an existing custody arrangement unchanged while serious allegations are investigated. California courts can issue temporary emergency orders to protect a child when the circumstances meet the requirements for emergency relief.
The Berry-Martinez dispute illustrates this distinction. The temporary restrictions on Berry’s parenting time should not be interpreted as a final determination that Martinez’s allegations are true, as a further hearing was scheduled.
How Are Child Abuse Allegations Investigated?
Child abuse allegations in California custody cases may require the court to gather significantly more information before determining an appropriate custody arrangement. According to California Courts’ information about child custody evaluations, a custody evaluation is an investigation of a child’s health, safety, welfare and best interests conducted by a trained mental health professional.
When there are serious allegations of child abuse or child sexual abuse, the judge must order an evaluation. Depending on the circumstances, an evaluator may:
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Interview the parents and child.
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Speak with teachers, doctors, daycare providers and others familiar with the child.
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Review school, medical and mental-health records.
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Review police reports, court records and other relevant documents.
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Observe interactions between the child and parents.
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Consult with child welfare services and law enforcement as part of the investigation into serious abuse allegations.
California Rule of Court 5.220 requires court-appointed custody evaluators to consider the health, safety, welfare and best interests of the child within the scope of the court-ordered evaluation.
What Should a Parent Do When Serious Custody Allegations Arise?
Whether you are raising concerns about your child’s safety or responding to allegations you believe are false, your actions can have long-term consequences.
Preserve potentially relevant texts, emails, records and other documentation. Comply with existing court orders and promptly seek legal advice if you believe an order needs to be changed or emergency relief is necessary. Most importantly, keep the focus on the child’s safety and best interests rather than allowing the custody dispute to become a battle between the parents.
Talk to a Solano County Child Custody Attorney
Abuse allegations can quickly complicate a child custody case and affect parenting time. A knowledgeable California family law attorney can help protect your rights and your child’s best interests. David Knecht is an experienced family law attorney representing clients in Vacaville, Fairfield, Solano County and surrounding areas. Contact the Law Office of David Knecht at (707) 451-4502 to discuss your case.
