San Jose Child Custody Lawyer
Child Custody Attorneys Serving San Jose, CA
Determining child custody is often one of the most emotional issues in a San Jose family law case. Custody is an issue in any case where a child is born and the parents (or interested third parties) are seeking a determination of rights and responsibilities over that child. This includes divorces, termination of domestic partnerships, legal separations, annulments, parentage/paternity actions, domestic violence restraining order requests, and even grandparent custody/visitation actions.
At Aeschleman Law, our San Jose child custody lawyers are experienced in the legal process and specific county rules regarding child custody and visitation. We work with parents to determine what custody and visitation schedule works best for their particular child and family. Every family is different and every child has different needs.
Many times, custody and visitation agreements are easily agreed to when parents see eye to eye on a parenting plan. Aeschleman Law can help you draft a comprehensive agreement, which would become the Court’s order. However, when parents do not agree on what is best for their child, utilization of the Court process is necessary. If this is your situation, you should consult with a custody lawyer to find out your rights and the Court’s process for making a custody order.
Nicole Aeschleman
Nicole Aeschleman is a Certified Family Law Specialist, certified by the State Bar of California Board of Legal Specialties. She has earned an impressive 10.0 rating and has been deemed a “Top Rated Family Lawyer” by AVVO, an industry-leading attorney rating and referral organization. Nicole served ...
Michael McDougall
Michael is a member of California Bar. He’s an attorney committed to family and child law. His internships are in the areas of civil, landlord/tenant and family issues. As a member of Santa Clara County Bar Association – Family Law Division, he serves his clients with full attention and whole heartedl...
Kathrine French
Katherine is a highly experienced contract attorney, proficient at litigation support, discovery matters, legal research and writing. She spent her first 6 years of practice as a family law litigator in the Bay Area in California, and for the last 6 years has worked as a contract attorney for solo a...
When the Court discusses and makes orders about custody, the Court is concerned with two types of custody, which are Legal Custody and Physical Custody.
San Jose Child Custody Lawyer: Your Guide to Navigating Custody in California
What Are the Different Types of Child Custody in California?
One of the first things parents ask us is, “What exactly does custody mean?” In California, custody is divided into two main types: legal custody and physical custody. Understanding the difference is crucial because it affects how decisions are made for your child and where they’ll spend their time.
Legal Custody: Who Makes Decisions for Your Child?
Legal custody determines who has the authority to make important decisions about your child’s life, such as their education, healthcare, and religious upbringing. For example, if you have legal custody, you get to decide whether your child attends a public or private school in San Jose or what doctor they see for their checkups.
- Sole Legal Custody: One parent has the exclusive right to make these decisions. This is less common and usually granted when one parent is deemed unfit or unavailable (e.g., due to incarceration or substance abuse).
- Joint Legal Custody: Both parents share decision-making responsibilities. Even if you and your ex don’t always agree, joint legal custody requires you to communicate and reach decisions together. In San Jose, courts often prefer joint legal custody to ensure both parents remain involved in their child’s life, as long as it’s safe and practical.
Physical Custody: Where Does Your Child Live?
Physical custody refers to where your child lives and who provides their day-to-day care. This is often what parents are most concerned about, as it determines how much time they’ll spend with their child.
- Sole Physical Custody: The child lives primarily with one parent, and the other parent may have visitation rights (sometimes called a “parenting time schedule”). For instance, a parent in San Jose might have the child during the week, while the other parent has weekend visits.
- Joint Physical Custody: The child splits time between both parents’ homes. This doesn’t always mean a 50/50 split; it could be 60/40 or another arrangement that works for your family. For example, one parent might have the child during the school week, and the other on weekends or holidays.
In Santa Clara County, courts aim to create custody arrangements that prioritize the child’s stability and well-being. For example, if your child attends a school like Lynbrook High in San Jose, the court might consider keeping them in the same school district to avoid disruption.
Why It Matters
Understanding these distinctions helps you clarify what you’re fighting for in court or mediation. Are you focused on having a say in your child’s education (legal custody)? Or is your main concern spending quality time with them (physical custody)? A San Jose child custody lawyer can help you articulate your goals and build a case that aligns with California law.
What Factors Do San Jose Courts Consider in Child Custody Cases?
When determining custody, San Jose family courts follow one guiding principle: the best interests of the child. This standard sounds straightforward, but it involves a detailed evaluation of several factors outlined in California’s Family Code (Section 3011). Here’s what courts in Santa Clara County typically consider:
- Child’s Health, Safety, and Welfare: The court’s top priority is ensuring your child is safe. If there’s any history of domestic violence, substance abuse, or neglect by either parent, this can significantly impact custody decisions. For example, if one parent has a documented history of abuse, the court may limit their custody or require supervised visitation.
- Child’s Age and Needs: Younger children, like toddlers, may need more stability with one primary caregiver, while older children, like teenagers in San Jose, might have a say in where they want to live. California courts often listen to children over 14, though their preferences aren’t binding.
- Parental Fitness: The court evaluates each parent’s ability to provide a stable, loving environment. This includes your living situation (e.g., a safe home in a San Jose neighborhood like Willow Glen), your mental and physical health, and your ability to meet your child’s needs.
- Parent-Child Relationship: Courts look at the strength of each parent’s bond with the child. For instance, if you’ve been the primary caregiver—taking your child to soccer practice at Almaden Community Center or helping with homework—the court may favor maintaining that connection.
- Co-Parenting Ability: San Jose courts value parents who can cooperate and communicate effectively. If one parent is unwilling to work with the other (e.g., refusing to share information about the child’s school events), this could hurt their case.
- Continuity and Stability: Courts prefer arrangements that minimize disruption to the child’s routine. For example, if your child is thriving at a San Jose school like Booksin Elementary, the court may prioritize keeping them in that community.
- History of Abuse or Neglect: Any documented domestic violence or child abuse will weigh heavily. California law requires courts to consider protective orders or police reports, which are common in Santa Clara County cases involving high-conflict divorces.
Our Firm Can Help You In Any Situation
Imagine you’re a San Jose parent going through a divorce. You’ve been the one taking your daughter to her dance classes at the San Jose Dance Theatre, while your ex has been less involved due to work. The court will likely consider your active role in her life and aim to maintain that stability, but they’ll also assess whether your ex can still have meaningful time with her through a visitation schedule. A skilled San Jose child custody lawyer can present evidence—like school records or affidavits from teachers—to show why your involvement is critical to your child’s well-being.
Visitation
Visitation refers to the time that the parents have with the minor child. Even if a parent does not have custody of his or her child, he or she may have visitation. A visitation order may be general and simply state “reasonable visitation,” or it may involve a detailed order that sets forth the exact days and times that a child will be with each of his parents. Additionally, holiday, vacation and summer schedules may be determined by the parties and/or court.
In determining a visitation order, it is California’s public policy to foster frequent and continuing contact between both parents and the child. There are cases, however, when such an arrangement may not be appropriate. For example, contact with a parent may be limited when it is found by the Court that it is not in the child’s best interests, such as in circumstances of domestic violence, child abuse, sex abuse, and/or alcohol or substance abuse. Addiction issues must be carefully analyzed to ensure the safety of a child.
Visitation can be a complex issue depending on the facts of the case as well as the parties’ willingness to cooperate with each other. The San Jose custody attorneys at Aeschleman Law are available to help you arrive at the visitation arrangement that is appropriate for your specific case. They will negotiate your agreement, and if necessary, they will vigorously advocate for you in Court.
Modification of Custody
If you already have a child custody and visitation order and you believe it needs to be modified, or if the other parent is not following the order, the San Jose family lawyers at Aeschleman law will represent you to ensure that the order is enforced and/or assist you in the modification process.
Please view our Child Custody Information Center or the California Courts website for more detailed information related to child custody and visitation.
Contact Our San Jose Child Custody Lawyer Today
Aeschleman Law is located in San Jose and our child custody attorneys serve Santa Clara, Alameda, and San Mateo Counties. Call our child custody attorneys today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form at the bottom of this site.
