Child Custody Attorney in San Jose, CA

Settling Custody Disputes Throughout Santa Clara County 

Going through a divorce is a complex and painful process. When a couple has children, it can become even more stressful. Parents must choose where their children will reside and spend their time. This is an area of contention for many divorcing couples—things can get so heated that they become a “custody battle.”  

Unfortunately, it is common for a couple to have trouble coming to a fair custody agreement on their own. Worse, the fear of not spending time with their children is paralyzing and terrifying. The good news is that a child custody attorney in San Jose can help.

At the Law Offices of Thomas Nicholas Cvietkovich, our attorneys have helped to divorce parents protect their parenting rights throughout their divorce and beyond. We know that your children are your world, and we fight aggressively to do what is best for your children every step of the way. 

Call the Law Offices of Nick Cvietkovich today at (408) 844-4016 or contact us online to schedule a meeting with our San Jose child custody attorney!

Who Can File For Custody in California? 

In California, several individuals may file for custody of a child, including:

• Parents - Biological or adoptive parents have a right to seek custody of their children.
• Grandparents - Grandparents can file for custody if they have an established relationship with the child and prove that their involvement in the child's life is in the child's best interest.
• Other relatives - Other relatives, such as siblings, aunts, uncles, and cousins, may file for custody if they have an established relationship with the child and can prove that their involvement in the child's life is in the child's best interest.
• Stepparents - Stepparents can file for custody if they have an established relationship with the child and prove that their involvement in the child's life is in the child's best interest.
• Guardians - A child's legal guardian may file for custody if the current custody arrangement is no longer in the child's best interest.

It is important to note that the court will always consider what is in the child's best interest when making custody decisions. Additionally, filing for custody can be a complex and emotional process, so it is recommended that individuals seeking custody consult with an experienced San Jose child custody attorney.

How is Child Custody Determined in California? 

In California, child custody is determined based on what is in the child's best interests. The court considers a variety of factors when making a custody determination, including:

• The child's age, health, and welfare
• Each parent's ability to provide for the child's needs, including food, clothing, medical care, and education
• The child's relationship with each parent and other family members, as well as the child's preference if the child is old enough and mature enough to express a preference
• The stability of each parent's home environment
• Any history of abuse or neglect by either parent
• Each parent's willingness and ability to cooperate with the other parent and facilitate the child's relationship with the other parent
• The child's ties to the school, community, and extracurricular activities

The court may also consider other factors it deems relevant to the child's best interests.

If the parents cannot come to a custody agreement independently, the court will decide after holding a hearing where evidence and testimony can be presented. Having an experienced child custody lawyer in San Jose must help you navigate the custody process and present your case effectively to the court. 

Types of Child Custody in California

Child custody is the protective care or guardianship of minor children. In California, there are two types of custody: legal and physical. 

Understanding the differences between these types of custody is important. 

Legal Custody

Legal custody allows parents to make decisions about their children’s welfare. This includes making decisions about medical care and where their children will attend school. It also includes making decisions about religion. Many parents have joint legal custody together. However, in some cases, the court may award one parent sole legal custody.

Physical Custody

Physical custody refers to where the children will reside. Like legal custody, many parents share joint physical custody. However, in some cases, the court can award sole physical custody to one parent.

If one parent has sole physical custody, the other may still have visitation rights. Visitation orders are separate from physical custody. It is also essential to know that physical custody is not the same as a parenting plan. A couple can share joint physical custody, yet the children may live with one parent 80% of the time.

Full Custody vs. Shared Custody

Knowing the difference between full and shared custody is also essential. 

Full custody is when custody belongs to one parent. This is also referred to as sole custody. 

Shared custody, or joint custody, is when custody is split between the parents. 

As mentioned, the court can give full legal custody to one parent but joint physical custody—and vice versa. For cases where one person has been deemed an unfit parent in California, the other parent will likely be awarded full legal and physical custody.

Understanding the Child Custody Mediation Process

Child custody disputes can be emotionally charged and complex. At the Law Offices of Nick Cvietkovich, we believe that mediation can be a valuable tool in resolving custody issues amicably. Mediation allows both parents to discuss their concerns in a neutral setting, guided by a trained mediator who helps facilitate communication and negotiation.

Here are some key advantages of choosing mediation for your child custody case:

• Less Stressful: Mediation provides a more relaxed environment compared to court proceedings, which can often be adversarial and intimidating.
• More Control: Parents have the opportunity to create a customized parenting plan that reflects their unique family dynamics, rather than having a judge impose a solution.
• Cost-Effective: Mediation can significantly reduce legal fees and court costs, making it a more affordable option for families.
• Faster Resolutions: The mediation process is typically quicker than going through the court system, allowing families to move forward more swiftly.
• Focus on Cooperation: Mediation encourages collaboration, fostering a cooperative relationship between parents that can benefit the child in the long run.

If you're considering mediation for your custody arrangement, our experienced attorneys are here to guide you through the process and advocate for the best interests of your child. 

Can a Father Get 50/50 Custody in California?

In California, a father can get 50/50 custody of his children. California family law courts generally start with the presumption that joint custody, or equal parenting time, is in the best interests of the child. This means that both parents are given equal time with the child, and are responsible for making decisions about the child's welfare.

However, the court's primary concern is always the best interests of the child. In making custody and visitation decisions, the court will consider a number of factors, including:

• The child's age, health, and emotional well-being
• The parents' ability to provide for the child's needs, including physical, emotional, and educational needs
• The parents' work schedules and ability to care for the child
• The child's relationship with each parent
• Any history of abuse or neglect by either parent
• The child's preference, if the child is mature enough to express a preference

Joint custody may be awarded if both parents are deemed fit and capable to care for the child, and there is no history of abuse or neglect. Nevertheless, each case is unique, and custody and visitation decisions are made on an individual basis.

Protecting Your Child's Best Interests

When it comes to child custody disputes, the most important factor is always the well-being of the child. Our team of experienced San Jose child custody attorneys at the Law Offices of Nick Cvietkovich understands the sensitive nature of these cases and is dedicated to protecting the best interests of your child.

Whether you are going through a divorce or seeking to modify an existing custody arrangement, our San Jose child custody attorneys can provide the legal guidance and support you need. We will work tirelessly to help you reach a fair and favorable custody agreement that prioritizes the welfare of your child.

Our child custody services include:

• Legal representation in custody hearings and negotiations
• Assistance with creating a parenting plan
• Advocacy for your parental rights
• Enforcement of custody orders
• Modification of custody agreements

At the Law Offices of Nick Cvietkovich, we are committed to helping you navigate the complexities of child custody laws in California and achieving the best possible outcome for you and your child.

Contact the Law Offices of Nick Cvietkovich online or call (408) 844-4016 today to meet with our child custody attorney in San Jose!