Child Custody and Visitation

San Jose Child Custody Attorney

There is no more emotionally sensitive issue in paternity and divorce cases than child custody and visitation. Both parents may want full engagement with their children, even as their relationship with each other has deteriorated. This makes it challenging to resolve these issues in a satisfactory manner. The involvement of an assertive law firm is absolutely vital to achieving the best custody and visitation arrangement for your family. Experienced San Jose child custody lawyer John S. Yohanan has been helping families through these legal challenges for over 35 years and will work hard to put his experience to use for you and your family.

Child Custody Questions in Santa Clara County

The court's custody order (or a negotiated agreement) will address both physical custody and legal custody under California Family Code sections 3002-2007. Physical custody is the physical care and supervision of a minor under 18 years of age. The parent with physical custody of a child lives with the child on a daily basis.

Often physical custody is shared or "joint," meaning that both parents have frequent contact. However, a court may award physical custody to one parent, while giving the other visitation or "parenting time." The primary custodial parent will normally receive child support payments from the other parent.

"Legal custody" is the right to make major decisions for your child, such as where he or she attends school, who the pediatrician is, and whether he or she attends or participates in religious services. The court may award joint legal custody, or it may assign one parent sole power to make a particular kind of decision, giving both parents equal responsibilities for other kinds of decisions.

An enforceable custody and visitation order must clearly specify when children are supposed to be with each parent. It will include details about how parents will divide time on special occasions like birthdays or holidays and who will take the kids to school or extracurricular activities. Parents who have intense conflicts may need to have neutral pick-up or drop-off locations or a third party facilitator for certain situations.

It can be painful working with a spouse or ex-spouse toward your children's best interest. However, your children need both of you. When the court is determining a sole custody arrangement, it will consider which parent is more likely to permit a child to maintain his or her relationship with the other parent through frequent and continuing contact. If there is even the potential for serious conflicts about your children, or if you need to seek modification of an existing custody order, legal assistance with visitation negotiations and support arrangements is absolutely crucial.

Legal Assistance with Visitation Negotiations in San Jose

Experienced family law lawyers know how to overcome challenges and take action before a disagreement turns into a full-blown crisis. A skilled, knowledgeable and assertive attorney will advise you of all your legal options, including ones you may not have known existed. Unless you have years of experience in California family law, the legal system can be challenging to navigate. Your attorney should be your guide, your advocate, and your ally. Contact experienced San Jose divorce attorney John S. Yohanan at (408) 297-0700 or via our online form. I serve clients in the South Bay, East Bay, and throughout the Bay Area.

Bay Area Divorce Attorney Blog - Child Custody and Visitation