Child Custody Attorney Serving the Cities of San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino
San Jose is not only the world headquarters for tech, but also a rapidly growing family destination. Educational museums, various zoos, and thousands of acres of outdoor space make San Jose and Santa Clara County the perfect place for many families to call home.
San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino may have a lot to offer, but that doesn't mean that all of those families who choose to make it their home are without issues. The families of San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino still encounter the same legal issues when facing a divorce, adoption, or custody dispute as any other Californian.
Raising a child can be hard no matter where you live, and raising a child with someone you are not in a relationship with can make it even more complicated.
A skilled San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino child custody attorney will understand the difficult nature of even the idea of spending time away from your child, which is why we focus on positive solutions for everyone involved, especially your child.
Experienced Custody Lawyer in San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino, California
When parents decide to separate or get a divorce their children are necessarily impacted in a variety of ways. Provided they are safe and cared for in an appropriate manner, children have the right to enjoy time with both of their parents even when the parents are no longer together. This also means that California parents owe a duty to their children to co-parent effectively so that their children receive the benefit of that time with both parents.
The family court may make any orders regarding the custody of a child, during the child's minority, that seem necessary or proper (Fam. Code § 3022), if the parents are not able to come to an agreement in child custody mediation.
Our skilled San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino child custody lawyers are here to assist parents in San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino with all of their family law needs.
Experienced Child Custody Lawyers in San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino and all of Santa Clara County
When determining what custody arrangement is in the best interest of a child, a judge may consider many different factors. Some of those factors include:
- The health, safety, and welfare of the child (Fam. Code § 3011(a)(1)).
- The desires of the child (depending on the age and maturity of the child) (Fam. Code § 3042).
- Any history of domestic violence or abuse by either parent (Fam. Code § 3020(a), 3011(a)(2)(A), & § 3044).
- Habitual illegal use of controlled substances and abuse of alcohol or prescription drugs by either parent (Fam. Code § 3011(a)(4)).
- The nature and amount of contact the child currently has with each parent (Fam. Code § 3011(a)(3)).
California Custody Law gives the court a large degree of discretion, and an experienced child custody attorney can help navigate the factors the court may consider in determining child custody in the state of California.
Child Custody Considerations Applied by Family Courts in San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino, California
Custody and visitation orders are made with the child’s best interests as the determining factor. In evaluating what is in a child’s best interest, the court can consider any relevant facts and circumstances, but it must consider any impact that a particular custodial schedule would have on the child’s health, safety, and welfare.
Parents will either share joint legal custody of their child, or one parent will have sole legal custody of the child. Legal custody has to do with decision-making (i.e. enrollment in school, choosing a doctor and dentist, participation in extra-curricular activities, etc.)
Parents will also either share joint physical custody of their child or one parent will have sole physical or primary physical custody of the child. Physical custody has more to do with where the child will be on any given day and the custody arrangement or schedule the parents will follow.
Additionally, unless a child’s health, safety, and welfare would be undermined, these orders must ensure the child has frequent and continuing contact with both parents. Parental separation is already very complicated, and children often feel torn about the circumstances that will determine where they live, how they will travel, and how much time they get to spend with each parent.
Family Code 3040 (a)(1) also creates a mandate on the family court to consider which parent is more likely to facilitate frequent and continuing contact with the other parent. This provision can create problems for parents who are unable to co-parent and parents who engage in alienating behaviors.
Many child custody cases are filled with complications and intricacies requiring the knowledge and skill of an experienced child custody lawyer. We provide a free consultation to anyone who is seeking to put the best interests of their child first.
How a Child Custody Attorney in San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino Can Help
Navigating the legal landscape of family law in San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino can be frustrating and debilitating, especially when children are involved.
The right attorney can guide you through your family law case, productively reaching child custody agreements outside of court when possible, and vigorously advocating for your interests in court when appropriate.
Contact a California Child Custody Lawyer in San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino Today!
Our San Jose, Sunnyvale, Milpitas, Mountain View, and Cupertino, California family law firm fights hard to make the legal system work for our clients. We offer personalized representation to our clients, because no family is the same.
If you or someone you know is dealing with a family law issue, contact our accomplished and dedicated San Jose family law, divorce, and child custody lawyers today by calling (408) 777-6800 or contact us online for a free consultation with our experienced custody attorney, Colleen Sparks, who can guide you through the court process in a prompt and clear manner.
The San Jose attorneys at Talkov Law in the Silicon Valley serve the Santa Clara County cities of San Jose, Sunnyvale, Milpitas, Mountain View, Cupertino, Gilroy, Morgan Hill, Campbell, Los Gatos, Saratoga, Los Altos, Los Altos Hills, and Monte Sereno as well as the San Jose neighborhoods of Japantown, Little Italy, Little Saigon, Little Portugal, Mayfair, Buena Vista, Santana Row, West San Jose, Willow Glen, The Alameda, King and Story, Blossom Valley, Naglee Park, Alviso, Rose Garden, Evergreen, North San Jose, Alum Rock, Almaden Valley, Berryessa, Luna Park, and South San Jose.
The practices of Talkov Law in San Jose include: