In a divorce or legal separation, child custody is one of the most disputed topics of discussion. 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. The most important thing to keep in mind is your child's best interest. You should do everything possible to work with your spouse to come to a favorable resolution.
At Magdalena Law Group, our San Jose child 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 settle your dispute in a dignified and respectful manner. We can help you resolve your custody matter fairly and amicably anywhere in Santa Clara County.
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:
No two custody cases are the same. In order to meet the unique circumstances and needs of each family, California family law offers several types of child custody that are awarded based on the abovementioned criteria.
In some cases, one parent is granted full custody over their child. The other parent does not share that custody, but must instead seek visitation rights if they desire to spend time with their child. Sole custody is usually granted when the non-custodial parent is unable to provide the care that the child needs, or their relationship with the child is not in the child’s best interests as decided by the Court.
When the both parents agree to share the custody of their child (or the court makes this decision), then joint custody will be awarded. In this case, each parent has custody of the child on certain dates, or for a certain percentage of time. The most common examples are children who spend weekdays with one parent and weekends with the other, or who spend the school year with one parent and summer break with the other.
This type of custody outlines who the child will live with. Parents can be awarded joint physical custody, or one parent can be awarded sole physical custody.
This type of custody decides who has the right to make important life decisions on behalf of the child, such as education, medical care, etc. One parent can be granted sole legal custody (and usually sole physical custody, as well), or both parents can share joint legal custody (and usually joint physical custody, as well).
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 divorce 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.
Our San Jose family lawyers can be reached at (408) 601-4439.
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