Caring Silicon Valley Child Custody Attorneys

In any separation involving children, they are often the most adversely affected by proceedings, especially if there is ongoing animosity between their parents. Protracted custody battles can do quite a bit of damage in the long run, which is why we at Silicon Valley Law Offices (SVLO) are ready and willing to do everything in our power to make these transitions as smooth as possible for both our client and their child(ren).

Whether you need to set up initial arrangements for child custody after a divorce or breakup or you need to make changes to an existing plan, we are here to help. Contact us online or call 650-546-7595 to schedule an appointment with us.

Joint Legal And Physical Custody

Most cases of child custody result in joint legal and physical custody of the child:

• Joint legal custody means that both parents have a say in decisions affecting the child, such as schooling or medical needs, and it ensures both parents retain legal guardian status over their child.
• Joint physical custody refers to the child spending an equal amount of time at each parent’s residence, often splitting weekends and holidays on a schedule worked out during the custody proceedings.

Of course, fully equal custody is not always possible in these cases, and if it comes to a battle in court, we will represent our client and their child’s interests to the best of our ability. We will ensure our client retains custodial rights and is not cheated out of a life with their child.

Will You Have To Go Through A Custody Battle?

On occasion, a custody battle is unavoidable, but our lawyers have the experience and the resources necessary to focus primarily on the well-being of the child. We will do our best to eliminate the need for a child to choose one parent over the other.

We even have a trained therapy dog available to help when things get tough.

Changing Custody And Visitation Arrangements Down The Line

There are often changes in circumstances that make it hard to follow a child custody and visitation order. One parent may need to move away, for example, or there may be other substantial issues. When this occurs, we can help you negotiate, mediate or argue in court for a change to your custody order.

Frequently Asked Questions About Child Custody And Visitation In California

As experienced divorce and family law attorneys, we get many questions from our clients. Here are the answers to some common ones:

How is child custody determined in California?

In California, judges determine child custody arrangements based on the best interests of the child. The court considers a number of factors, including the child’s age, health, emotional ties with each parent, the parent’s ability to care for the child and any history of family violence or substance abuse. The goal is to create a stable and supportive environment for the child. Courts generally prefer arrangements that allow both parents to be involved in the child’s life, but the specific circumstances of each case are taken into account.

How do sole and joint custody arrangements work?

Sole custody means one parent has both legal and physical custody of the child, making all the major decisions and providing the primary home. Joint custody can be divided into legal and physical custody. Joint legal custody allows both parents to make important decisions about the child’s life, such as education and health care. Joint physical custody means the child spends a significant amount of time living with both parents. The specific arrangements can vary widely and are tailored to fit the needs of the child and the parents’ schedules.

Can one parent deny visitation to the other?

One parent cannot deny visitation to the other without a court order. Both parents have rights to maintain a relationship with their child, and visitation schedules are typically outlined in a custody agreement approved by the court. If there are concerns about the child’s safety, the parent should seek a modification of the visitation order through the legal system rather than denying visitation on their own.

What are the legal consequences if visitation rights are violated?

If visitation rights are violated, the noncustodial parent can take legal action to enforce the court order. This could involve filing a motion for contempt of court, which may result in penalties for the custodial parent, such as fines or even changes to the custody arrangement. The court takes violations seriously and aims to ensure that both parents adhere to the agreed visitation schedule to maintain the child’s well-being and stability.

What steps should I take if I believe the other parent is unfit?

If you believe the other parent is unfit, you should document any concerning behavior and gather evidence to support your claims. This might include keeping records of incidents, obtaining statements from witnesses or getting reports from professionals like doctors or teachers. You should then file a request with the court to modify the custody arrangement, presenting your evidence to demonstrate why a change is in the best interest of the child. Consulting with an attorney can help you understand the legal process and prepare your case.

What kind of evidence is needed to prove a parent is unfit in California?

Proving a parent unfit in California requires substantial evidence. This can include documentation of neglect or abuse, records of substance abuse, evidence of mental illness that affects parenting ability, or a history of domestic violence. Witnesses such as teachers, doctors or family members can provide statements supporting your claims. The court will review all the evidence to determine whether the parent poses a risk to the child’s well-being and whether a change in custody is necessary.

Contact Us Today For A Consultation

At Silicon Valley Law Offices, we are highly experienced in all issues involved in child custody and visitation. We are ready to assist you. Call 650-546-7595 or email us to set up an appointment.