Child Custody in San Jose
San Jose child custody cases are some of the most difficult to navigate. Emotions are generally high as individuals negotiate for rights over the most important people in their lives, their children. Luckily for San Jose residents and others in California who are going through similar situations, there is no need to enter into these types of negotiations alone. The compassionate child custody lawyers at Modern Family Law are ready to help guide you through the custody process and represent you so that the best result is agreed upon for you and your children.
A custody agreement is made when parents decide to separate, get divorced, or have a child outside of marriage. Depending on the circumstances, there are two types of custody typically awarded by the court. Physical custody is where the child will live with one parent while the other has visitation rights. Legal custody determines which parent will make decisions about the child’s education, religion, health care, etc. There are many factors that need to be considered when determining what type of custody is best for your child.
Our San Jose custody attorneys understand that child custody cases are often difficult for all involved. That is why we are here to help you navigate through the uncertainties of this situation, as well as provide valuable information so that you can keep your children’s best interests at the forefront of your case. It is our belief that educating clients about their child custody case empowers them to make better decisions and in turn deal with this stressful process better. Speak with one of our San Jose child custody lawyers today!
Understanding the Different
Custody Arrangements In San Jose
In San Jose, there are different child custody arrangements that can be agreed upon by parents or decided by a judge. The types of custody are legal custody and physical custody. The distinctions between the two are explained below:
Legal custody means who makes decisions about the children’s health, education, and welfare. This includes deciding where the children go to school or whether they should get braces on their teeth. If both parents share joint legal custody, then both parents can ask schools and doctors for information about the children. It is important to be clear about who makes which decisions so there are no disagreements later on.
Physical custody is the time that children regularly spend with each parent. This means that the kids may be staying at one parent’s house for school days and then visit the other when they’re free to do so during weekends or certain holidays. Sometimes if both parents live in close proximity to each other, there might not even be an established schedule for exchanges but rather make them happen as needed in order to work around everyone’s schedule. This system can also allow kids more flexibility without having to stick to a strict schedule.
When deciding between physical and legal custody, there are many factors to consider. For example, some people may prefer physical custody because it allows them to have a close relationship with their children. Others may want legal custody because it helps them maintain control over their children’s lives in a way that physical custody doesn’t allow for.
Another factor in determining what type of custody to give a child in San Jose, CA is if one parent lives farther away from the other parent or has less time due to work or school obligations. In this case, the court may award legal custody because it’s easier for that parent to make decisions about how he or she wants his or her child raised when they’re not physically present every day. Another important consideration for this type of decision is whether your child has special needs and requires more hands-on care from you as a parent. If this is true, then you may be better off going with physical custody so you can provide your child with the round-the-clock care they need. The court will weigh all these factors when considering what type of custody arrangement would be best for your child in San Jose, CA.
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Child Custody in
San Jose
Our San Jose custody attorneys understand that child custody cases are often difficult for all involved. That is why we are here to help you navigate through the uncertainties of this situation, as well as provide valuable information so that you can keep your children’s best interests at the forefront of your case. It is our belief that educating clients about their child custody case empowers them to make better decisions and in turn deal with this stressful process better. Speak with one of our San Jose child custody lawyers today!
Understanding the Different
Custody Arrangements In San Jose
In San Jose, there are different child custody arrangements that can be agreed upon by parents or decided by a judge. The types of custody are legal custody and physical custody. The distinctions between the two are explained below:
Legal custody means who makes decisions about the children’s health, education, and welfare. This includes deciding where the children go to school or whether they should get braces on their teeth. If both parents share joint legal custody, then both parents can ask schools and doctors for information about the children. It is important to be clear about who makes which decisions so there are no disagreements later on.
Physical custody is the time that children regularly spend with each parent. This means that the kids may be staying at one parent’s house for school days and then visit the other when they’re free to do so during weekends or certain holidays. Sometimes if both parents live in close proximity to each other, there might not even be an established schedule for exchanges but rather make them happen as needed in order to work around everyone’s schedule. This system can also allow kids more flexibility without having to stick to a strict schedule.
When deciding between physical and legal custody, there are many factors to consider. For example, some people may prefer physical custody because it allows them to have a close relationship with their children. Others may want legal custody because it helps them maintain control over their children’s lives in a way that physical custody doesn’t allow for.
Another factor in determining what type of custody to give a child in San Jose, CA is if one parent lives farther away from the other parent or has less time due to work or school obligations. In this case, the court may award legal custody because it’s easier for that parent to make decisions about how he or she wants his or her child raised when they’re not physically present every day. Another important consideration for this type of decision is whether your child has special needs and requires more hands-on care from you as a parent. If this is true, then you may be better off going with physical custody so you can provide your child with the round-the-clock care they need. The court will weigh all these factors when considering what type of custody arrangement would be best for your child in San Jose, CA.
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Our Attorneys Are Ready To Listen
Our experienced custody attorneys in San Jose have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.
Where Do I File for Child Custody in San Jose?
In San Jose, child custody cases are handled by the Santa Clara County Family Court. The Santa Clara County Family Court is open from 8:30 AM to 1:30 PM Monday through Thursday, 8:30 AM to 12 PM Friday, and closed on the weekend and court holidays.
Information About The
Santa Clara County Family Courthouse
Courthouse Address:
201 N First St,
San Jose, CA 95113
Courthouse Hours:
Monday – Thursday: 8:30 AM – 1:30 PM
Friday: 8:30 AM – 12 PM
Important Forms Regarding
Child Custody in San Jose
The below links provide useful free forms and guides pertaining to child custody in Santa Clara County. These forms are a resource if you decide to approach your child custody case yourself. However, since every case is unique we cannot guarantee that these forms will meet the needs of your particular case. It is our recommendation that you speak to one of our experienced San Jose custody lawyers prior to using or completing any of these documents.
Where Do I File for
Child Custody in San Jose?
In San Jose, child custody cases are handled by the Santa Clara County Family Court. The Santa Clara County Family Court is open from 8:30 AM to 1:30 PM Monday through Thursday, 8:30 AM to 12 PM Friday, and closed on the weekend and court holidays.
Information About The
Santa Clara County Family Courthouse
Courthouse Address:
201 N First St,
San Jose, CA 95113
Courthouse Hours:
Monday – Thursday: 8:30 AM – 1:30 PM
Friday: 8:30 AM – 12 PM
Important Forms Regarding
Child Custody in San Jose
The below links provide useful free forms and guides pertaining to child custody in Santa Clara County. These forms are a resource if you decide to approach your child custody case yourself. However, since every case is unique we cannot guarantee that these forms will meet the needs of your particular case. It is our recommendation that you speak to one of our experienced San Jose custody lawyers prior to using or completing any of these documents.
Best Custody Arrangement For Your Child
The best custody arrangement for your child will depend on many factors, including the age of the child, the parent’s work schedules, the living environment, and more. You’ll need to discuss what would be best for your child with your attorney in order to make an informed decision. While it may seem simple at first glance, there are many factors that go into deciding what type of custody is best for you and your family. Our compassionate San Jose child custody attorneys understand the complexities of these matters and can help make the best decisions for your situation.
Negotiating A Custody Agreement
If you and your ex-spouse can come to an agreement about who will have physical custody, the court will typically respect the parents’ decision. If you and your ex-spouse cannot agree on a custody arrangement, then the court will decide for you. The judge will look at things like the children’s age and needs, which parent has been the primary caregiver in the past, and any other extenuating factors.
Getting a child custody lawyer to help you negotiate your custody agreement in San Jose is very important. You can’t just go into a courtroom and ask for a specific type of custody without giving the judge a reason for why you feel that would be best for your child. The court will want to know all about your unique family situation before awarding any type of custody. Once you hire an experienced child custody attorney that understands the specifics of San Jose’s custody laws, they can walk you through the process step by step and help guide you to make the best decision possible for your child.
Best Custody Arrangement
For Your Child
The best custody arrangement for your child will depend on many factors, including the age of the child, the parent’s work schedules, the living environment, and more. You’ll need to discuss what would be best for your child with your attorney in order to make an informed decision. While it may seem simple at first glance, there are many factors that go into deciding what type of custody is best for you and your family. Our compassionate San Jose child custody attorneys understand the complexities of these matters and can help make the best decisions for your situation.
Negotiating A
Custody Agreement
If you and your ex-spouse can come to an agreement about who will have physical custody, the court will typically respect the parents’ decision. If you and your ex-spouse cannot agree on a custody arrangement, then the court will decide for you. The judge will look at things like the children’s age and needs, which parent has been the primary caregiver in the past, and any other extenuating factors.
Getting a child custody lawyer to help you negotiate your custody agreement in San Jose is very important. You can’t just go into a courtroom and ask for a specific type of custody without giving the judge a reason for why you feel that would be best for your child. The court will want to know all about your unique family situation before awarding any type of custody. Once you hire an experienced child custody attorney that understands the specifics of San Jose’s custody laws, they can walk you through the process step by step and help guide you to make the best decision possible for your child.
Have Questions, Reach Out!
Our experienced custody attorneys in San Jose understand how overwhelming the child custody process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and make the best decisions for your family!
Experienced San Jose Custody Attorneys
With a wealth of experience, our team is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads us towards smarter choices which lead in turn toward greater satisfaction with the outcome. Our guiding hand has created partnerships between lawyer and client that result in success for everyone involved.
Our San Jose child custody attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.
Child custody is an important decision that requires careful consideration. An experienced San Jose, CA child custody lawyer can help you navigate the legal system to come to an agreement that is best for you and your child. Contact Modern Family Law and speak to one of our child custody lawyers today!
Our San Jose Office Location
Additional Custody Practice Areas
Custody has many aspects and not every case is the same. Explore some of the other areas involved in child custody. While you don’t need to understand every nuance of custody, the more you do understand the easier the process will be.
Experienced
San Jose
Custody Attorneys
With a wealth of experience, our team is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads us towards smarter choices which lead in turn toward greater satisfaction with the outcome. Our guiding hand has created partnerships between lawyer and client that result in success for everyone involved.
Our San Jose child custody attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.
Child custody is an important decision that requires careful consideration. An experienced San Jose, CA child custody lawyer can help you navigate the legal system to come to an agreement that is best for you and your child. Contact Modern Family Law and speak to one of our child custody lawyers today!
Our San Jose
Office Location
Additional Custody
Practice Areas
Custody has many aspects and not every case is the same. Explore some of the other areas involved in custody. While you don’t need to understand every nuance of child custody, the more you do understand the easier the process will be.
Meet Our Team Of Experienced
San Jose Child Custody Attorneys
Frequently Asked Questions About Custody in San Jose
How much does a custody case cost in San Jose?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a custody attorney in San Jose. You may also be interested in our calculators to help you determine costs.
At what age is a child allowed to decide custody in San Jose?
California Family Code section 3042 says that a child 14 years or older can tell the court what custody or visitation arrangement they prefer unless it is determined by the court to not be in the child’s best interest to testify.
How does a Judge decide custody in San Jose?
The court begins the custody evaluation with an unbiased approach, presuming that both parents are entitled to equal privileges. To decide what is best for the child, it takes into account things like their health and safety as well as how much contact they have had with both parents. It also considers whether either parent has a history of abuse against them or illegal use of controlled substances.
Frequently Asked Questions About
Custody In San Jose
How much does a custody case cost in San Jose?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a custody attorney in San Jose. You may also be interested in our calculators to help you determine costs.
At what age is a child allowed to decide custody in San Jose?
California Family Code section 3042 says that a child 14 years or older can tell the court what custody or visitation arrangement they prefer unless it is determined by the court to not be in the child’s best interest to testify.
How does a Judge decide custody in San Jose?
The court begins the custody evaluation with an unbiased approach, presuming that both parents are entitled to equal privileges. To decide what is best for the child, it takes into account things like their health and safety as well as how much contact they have had with both parents. It also considers whether either parent has a history of abuse against them or illegal use of controlled substances.
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these calculators just for you, so you know what to expect every step of the way.
Additional Resources About
Custody in San Jose
Is Parenting Time the Same as Custody?
Custody is really two different child-centered ideas – parenting time and decision-making. It is important to understand the distinction between the two prior to your custody case.
Understanding Child Custody In California
Learn about child custody in California and how the law impacts your parenting time, decision making and ultimately your rights as a parent.
5 Tips For Winning Your Child Custody Case
Having a strong and experience attorney always helps your process within a court room, but here are a few other ideas to consider when in of a judge.
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