San Jose Child Custody Lawyer

The San Jose child custody and visitation attorneys of Moreno Family Law Firm can assist you in having the maximum possible time with your children.

Child custody and visitation are areas, that in an ideal world, would be settled amicably by the parents, taking into consideration the parenting skills of each parent and the best interests of the child.

However, in reality, parents often have pretty significant reasons for getting a divorce. Sometimes these reasons revolve around one spouse trying to protect the children from the other spouse. Domestic violence, of course, is one primary reason. But, in addition to that, there are verbally abusive parents, emotionally abusive parents, sexually abusive parents, parents addicted to drugs or alcohol, uncaring or uninvolved parents, inept parents, depressed parents, narcissistic parents, parents who take up with an undesirable significant other, and parents who try to alienate the child(ren) from the other parent. We have achieved successful results in all the above situations. 

Contact our San Jose child custody lawyer by calling (408) 676-1814 today!

Can a Father Get 50/50 Custody in California?

Child custody laws in California do not require 50/50 custody. However, joint physical custody in California is generally synonymous with a 50/50 parenting schedule. Therefore, so long as each parent has considerable periods with the children, joint physical custody is appropriate.

Understanding California Child Custody Laws

When it comes to child custody in California, the courts prioritize the best interests of the child above all else. Understanding the laws and guidelines surrounding child custody can help you navigate the legal process with confidence and clarity. Our experienced family law attorneys at Moreno Family Law Firm are well-versed in California child custody laws and can provide you with the guidance and support you need.

Key points to know about child custody in California include:

• Types of custody arrangements (legal custody, physical custody, sole custody, joint custody)
• Factors considered by the court when determining custody (child's age, health, relationship with parents, etc.)
• Parenting plans and visitation schedules
• Modifying custody orders
• Enforcing custody orders

Whether you are going through a divorce, separation, or custody dispute, having a knowledgeable attorney on your side can make all the difference in securing a favorable outcome for you and your child.

At What Age Can a Child Decide Which Parent to Live With?

In California, there is no set age at which a child has the absolute right to decide which parent to live with. However, family courts do consider the preferences of a child, especially as they grow older. According to California law, if a child is at least 14 years old, the court will take their wishes into account, provided it is in the child's best interests. This doesn’t mean the court is bound by the child’s preference, but it becomes a significant factor in custody decisions.

For children under 14, the court may still consider their preferences if it determines that they are mature enough to express an intelligent choice. Even in these cases, the court will weigh the child’s wishes alongside other factors, such as the stability of each parent's home environment, the child's emotional needs, and the ability of each parent to meet those needs.

Ultimately, the court’s priority is ensuring the child’s well-being. The judge will make a decision based on several factors, including the child’s preference, but will not automatically grant custody based on that preference alone. Both parents should be prepared to demonstrate why their custody arrangement is in the child’s best interests, regardless of the child’s expressed wishes. Legal guidance is critical in navigating these complex decisions in a way that prioritizes the child’s welfare.

Make Protecting Your Child Your Highest Priority

If protecting your child(ren) is one of your biggest concerns, you need an advocate who can turn the system to your advantage. You need a skilled litigator who can expose the falsehoods of the other party and work with your witnesses and documentation to create a solid case for the truth. Moreno Family Law Firm excels at presenting custody evaluators and judges with the type of evidence they need to make a decision in your favor. We have also achieved good results in defending parents from erroneous allegations.

To speak with one of our San Jose child custody lawyers, contact us online or give us a call at (408) 676-1814 today.