San Jose Child Custody Lawyer
Effective Solutions to Complex Custody Disputes in San Jose
In a divorce, legal separation, or a parentage / paternity action, child custody is one of the most disputed issues. Parents who have decided to split up, often find it difficult to agree on who should have custody over their children and what type of visitation schedule works for both parties and is in the best interest of the children.
At Magdalena Law Group, our San Jose custody attorneys recognize the harm and trauma that drawn-out custody battles can have on parents and children. You owe it to your children to resolve your disputes in a dignified and respectful manner.
We can help you settle your custody matter fairly and amicably anywhere in Santa Clara County or present your case to the court and vigorously advocate for your children's best interests. Call (408) 601-4439 today or contact us online to get started.
How Is Child Custody and Visitation Decided in California?
If you and your spouse are not able to work out an agreement, then a judge will decide for you. Neither the mother or the father is presumed to be the better caretaker - the judge will make an objective decision based on the child's best interests.
Factors that affect custody arrangements:
- Ability of each parent to care for the child
- The living situation at each parent's house
- The relationship the child has with each parent
- Any history of domestic violence or abuse in a household
- The age and health of the child
How to Prove a Parent Unfit in CA
While California judges will always try and have both parents in the lives of their children, sometimes the best interests and well-being of the kids are at risk. This can be because of one parent being ruled as “unfit”.
To help determine whether a parent is unfit, a court may examine the following:
- The level of involvement that the parent has shown in the child’s life
- Can the parent provide a safe living environment for the child
- The feelings and preferences of the child(ren)
- Evidence of child abuse or neglect
- History of alcohol or substance abuse
- A mental illness that may inhibit the parent from carrying out their role
- Current and previous domestic violence
It is important to remember that the accusation of one parent being unfit is a serious claim. You should speak with our attorney prior to doing this, as there needs to be substantial amounts of proof to have the court rule in your favor.
What Are the Different Types of Child Custody in California?
No two custody cases are the same. In order to meet the unique circumstances and needs of each family, California family law recognizes physical custody and legal custody, which are awarded with the children's best interests in mind.
A parent or parents can have physical custody of a child if the child lives with the parent for a substantial amount of time. If the child lives almost exclusively with one parent, that parent will usually have "sole physical custody" of the child. If both parents care for the child for a substantial amount of time, then both parents would have a "joint physical custody."
Legal custody allows a parent to make important legal decisions on behalf the child, including:
- Education (where the child goes to school)
- Medical care (which doctor, dentist, the child will see)
- Religious affiliation
- Extracurricular activities enrollment
- Passport issuance
- And more
If one parent is not fit to make decisions on behalf of the child, there is a high level of conflict between the parents or if domestic violence occurred in the household, then the other parent can be granted sole legal custody. If both parents are fit and can make joint decisions in the best interests of the child, then typically both parents will share joint legal custody.
Can a Custodial Parent Deny the Non-Custodial Parent Visitation?
Frequent and continuing contact with a child is generally desired for the child's parents as long as the parents are "fit" to care for the child. Visitation rights are frequently subject to court orders.
If a parent denies another parent visitation pursuant to a court order in place, then this constitutes a violation of a court order, which may be punishable by:
- Civil penalties
- Criminal penalties
- Or both
If the other parent is blocking your access to your child, a lawyer can assist you with enforcing the order.
Get in Touch with a Custody Attorney in San Jose, CA
If you have questions about your custody matter or if you need assistance resolving a complex custody battle, feel free to consult our Santa Clara County child custody attorneys. Our legal team is lead by a Certified Family Law Specialist and is well equipped to assist you with your child custody matter.
Our goal is to ensure the focus remains on what is best for your family and your children. We work closely with you to help achieve a desirable outcome for your case.
Hear What Our Former Clients Have to Say
Read more testimonials here.
I'm fortunate to have picked Magdalena Law Group to help me get through a very difficult and emotional divorce. Magdalena and ...- Former Client
I had hired Magdalena after I realized that my spouse had filed multiple cases in the Unites States and other country. All of ...- Former Client
Magdalena is absolutely brilliant, compassionate and highly efficient. She is a brilliant strategist and will help you ...- Former Client
Made the divorce process so simple and less emotional! She was quick to respond to any questions or concerns I had.- Sara
Divorce can ruin your life, don't call anyone else, Magdalena saved everything for me and I’m here telling the truth, she knows the law.- Steve
I am pleasantly surprised that Magdalena finalized my divorce so fast.- Former Client
I felt like I could trust her with my case, if I had questions or concerns her and her assistant would respond back right away.- Family Client
They were able to quickly understand my case (even though I have not spoken to her in over a year) and get everything ready for court, which ended up in my complete favor.- Former Client