TikTok influencer Gabbie Gonzalez now faces attempted murder and conspiracy charges after prosecutors allege she, her attorney father, and her ex-boyfriend hired a dark web hitman for $14,000 to kill singer Jack Avery, the father of her 7-year-old daughter, during their ongoing custody battle.
This disturbing case underscores how high-conflict custody disputes can escalate to criminal extremes and demonstrates exactly why California family courts have broad authority to modify custody arrangements when a parent poses a danger to the other parent or child. Avery has since been granted sole custody and a protective order against Gonzalez.
Key Facts
| Detail | Information |
|---|---|
| What happened | Gabbie Gonzalez allegedly hired a dark web hitman to kill Jack Avery |
| When | Charges filed May 2026 |
| Amount paid | $14,000 allegedly paid by Gonzalez's father |
| Who's charged | Gabbie Gonzalez, her father (an attorney), and her ex-boyfriend |
| Charges | Attempted murder and conspiracy |
| Custody outcome | Jack Avery awarded sole custody plus protective order |
Why This Case Matters for California Custody Law
This case represents one of the most extreme examples of custody-related violence in recent memory. California family courts operate under a rebuttable presumption that joint custody serves a child's best interests under Cal. Fam. Code § 3080. That presumption evaporates entirely when one parent attempts to harm or kill the other parent.
Under Cal. Fam. Code § 3044, California law creates a rebuttable presumption against awarding custody to any parent who has perpetrated domestic violence within the previous five years. While murder-for-hire charges go far beyond typical domestic violence cases, the same protective framework applies. The statute requires the violent parent to complete a 52-week batterer's treatment program, perform community service, and meet additional requirements before courts will even consider restoring custody rights.
The reported statement that Gonzalez believed it would be "cheaper if Avery were dead" than to continue the custody battle reveals a chilling calculation that family courts see in less extreme forms regularly. High-conflict custody cases involving substantial assets or ongoing support obligations can cost parents $50,000 to $200,000 or more in legal fees over multiple years. That financial pressure never justifies violence, but it explains why California law provides alternative dispute resolution mechanisms like mediation under Cal. Fam. Code § 3170.
How California Courts Handle Dangerous Parent Situations
California family courts have extensive tools to protect children and co-parents when safety concerns arise. The court's primary obligation under Cal. Fam. Code § 3020 is ensuring the health, safety, and welfare of children while also ensuring frequent and continuing contact with both parents, except when such contact would be detrimental to the child.
When one parent poses a credible threat to the other, courts can issue emergency protective orders within 24 hours under Cal. Fam. Code § 6250. These orders can prohibit contact, require the dangerous parent to stay at least 100 yards from the protected parent and child, and grant temporary exclusive custody to the safe parent.
For longer-term protection, domestic violence restraining orders under Cal. Fam. Code § 6300 can last up to five years and be renewed indefinitely. Courts can also order supervised visitation under Cal. Fam. Code § 3100, requiring all contact between the dangerous parent and child to occur at a professional supervised visitation facility with trained monitors present.
In cases involving criminal charges like those against Gonzalez, family courts typically suspend all visitation until criminal proceedings conclude. A conviction for attempted murder would almost certainly result in permanent termination of parental rights under Cal. Fam. Code § 7825, which allows termination when a parent has been convicted of a felony showing parental unfitness.
The Role of Criminal Charges in Custody Determinations
California family courts consider criminal history as one factor in custody decisions under the best interests standard of Cal. Fam. Code § 3011. Pending criminal charges, while not proof of guilt, can justify emergency custody modifications when the charges involve violence or threats against the other parent or child.
The allegations that Gonzalez's father, himself an attorney, allegedly paid the $14,000 to hire the hitman raise additional concerns about family dynamics and the child's safety in that extended family environment. Courts can restrict not just the dangerous parent's access but also limit contact with family members who facilitated or encouraged the dangerous behavior.
According to California Judicial Council statistics, approximately 15% of all custody cases involve domestic violence allegations. However, cases escalating to murder-for-hire plots represent an extreme outlier that will likely influence how courts view high-conflict custody disputes for years to come.
Practical Takeaways for California Parents in Custody Disputes
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Document all threatening communications immediately and report them to law enforcement. Text messages, voicemails, emails, and social media posts can all serve as evidence supporting protective orders and custody modifications.
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Request emergency custody modifications if you have credible evidence your co-parent poses a physical threat. California courts can hold emergency hearings within 24-48 hours when safety is at risk.
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Understand that California law prioritizes child safety over parental rights. Courts will not hesitate to award sole custody and restrict or eliminate visitation when one parent demonstrates dangerous behavior.
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Consider the long-term consequences before engaging in high-conflict litigation tactics. While most custody disputes never approach criminal conduct, sustained conflict damages children and can cost both parents hundreds of thousands of dollars.
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Seek professional help if you or your co-parent experience thoughts about harming anyone. Mental health resources are available 24/7 through the 988 Suicide and Crisis Lifeline, which also assists people experiencing violent thoughts.
Frequently Asked Questions
Can criminal charges automatically change custody in California?
Criminal charges alone do not automatically modify custody under California law, but they provide strong grounds for emergency modification requests. Under Cal. Fam. Code § 3064, courts can issue emergency custody orders when there is immediate risk to the child's health or safety. A parent facing attempted murder charges against the other parent would almost certainly lose custody pending resolution of those charges.
What happens to parental rights after a murder conviction in California?
A conviction for murder or attempted murder against the other parent typically results in termination of parental rights under Cal. Fam. Code § 7825. The statute allows termination when a parent is convicted of a felony of a nature that proves unfitness. Courts consider murder-for-hire plots against a co-parent definitive proof of unfitness, resulting in permanent severance of the parent-child legal relationship.
How much does a high-conflict custody battle typically cost in California?
High-conflict custody litigation in California typically costs each parent between $50,000 and $200,000 over a two to three year period, according to California family law practitioner surveys. Cases involving forensic evaluations, custody evaluators, and multiple court hearings can exceed $300,000. Mediation under Cal. Fam. Code § 3170 offers a significantly less expensive alternative, typically costing $3,000 to $10,000 total.
Can a grandparent lose visitation rights due to a parent's criminal conduct?
California courts can restrict grandparent visitation under Cal. Fam. Code § 3104 when the grandparent's contact would not be in the child's best interest. If a grandparent facilitated or encouraged criminal conduct against the other parent, as alleged against Gonzalez's father, courts can suspend or terminate grandparent visitation rights to protect the child from harmful family influences.
What protective orders are available during California custody disputes?
California offers three types of protective orders during custody disputes. Emergency protective orders under Cal. Fam. Code § 6250 last 5-7 days and can be issued within 24 hours. Temporary restraining orders last 20-25 days until a hearing. Domestic violence restraining orders under Cal. Fam. Code § 6300 can last up to five years and include stay-away provisions, custody orders, and prohibition on firearm possession.
If you are experiencing a high-conflict custody situation or have safety concerns about your co-parent, speaking with a qualified California family law attorney can help you understand your options for protecting yourself and your children.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.