San Jose Child Custody Lawyers

Navigate Complex Custody Disputes in San Jose with Confidence

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.

Understanding Child Custody and Visitation Decisions 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.

Determining Parental Fitness in California Custody Cases

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.

Exploring 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.

Physical Custody Explained

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."

Understanding Legal Custody Rights

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.

Visitation Rights: Can a Custodial Parent Deny Access?

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.

The Importance of Mediation in San Jose Child Custody Cases

Mediation can play a vital role in resolving disputes related to child custody by providing a supportive environment for parents to communicate and make decisions that are in the best interest of their children. Unlike traditional court proceedings, mediation encourages collaborative discussions, which can lead to amicable agreements and a more positive co-parenting relationship.

Here’s why mediation is worth considering:

• Cost-Effective: Mediation typically costs less than a lengthy court battle, helping you save money while reaching a resolution.
• Faster Resolutions: Court cases can take months or even years to finalize. Mediation usually allows for quicker resolutions, enabling families to move forward more swiftly.
• Empowerment: You retain more control over the outcome as you actively participate in the decision-making process, rather than having a judge determine the terms.
• Less Stressful: The collaborative nature of mediation reduces the adversarial atmosphere often found in court, leading to a less stressful experience for both parents and children.
• Customized Solutions: Mediation allows for more creative and tailored agreements that consider the unique needs of your family, which can't always be achieved in court.

At Magdalena Law Group, our skilled attorneys can guide you through the mediation process, helping you protect your parental rights while prioritizing the well-being of your children. By focusing on collaboration rather than conflict, we can pave the way for a healthier family dynamic going forward.

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