San Jose Child Custody & Visitation Attorney
Deciding The Needs Of The Children
Even though parents want what is best for their children, reaching agreements on the details of custody and visitation can be challenging. During a divorce or separation, it is common for parents to disagree on what custody arrangement is in the best interest of their children.
Our San Jose child custody & visitation attorneys understand that your children are your top priority and that you want to protect them throughout the legal process. You can rely on our team at Foster Hsu, LLP, to provide clear and honest answers to your questions and dedicated representation centered on your children’s well-being.
To schedule a consultation, call our San Jose office at 408-841-7200 .
How do Courts Decide Who Gets the Kids?
Courts only step in to decide custody and visitation when parents cannot reach agreements on their own. Whenever possible, it’s best for the parents to work together to create a plan that meets their children’s needs and allows both parents to remain actively involved in their children’s lives.
If an agreement is not possible, a judge will determine what arrangement is in the children’s best interests. The Court’s primary concerns are the health, safety and welfare of the child, with particular attention to any history of violence or substance abuse. California judges also consider each parent’s ability to co-parent effectively and provide a safe and stable environment for the kids. in some cases, the Court may consider the children’s preferences if they are mature enough to make a reasoned decision.
Absent any health or safety concerns, California courts generally aim to split custodial time equally between the parents and ensure both have a meaningful role in their children’s upbringing. Our attorneys at Foster Hsu are prepared to go to trial when necessary to advocate for a custody arrangement that reflects your children’s needs and best interests.
Can the Court Decide Custody for Unmarried Parents?
Unmarried parents can also establish formal custody orders, either by having the court approve an agreement and enter orders accordingly or by litigating a child custody case in court. This process could involve proving paternity if the parents did not legally establish parentage through a voluntary declaration. When paternity is disputed, the court may order DNA testing and hear other evidence that proves or disproves the child’s parentage. The same factors that apply to divorcing parents are considered, with a preference for joint custody unless joint custody would not be in the children’s best interests.
Can Grandparents or Other Family Members Get Visitation?
The court has the discretion to grant reasonable visitation rights to a person who has an interest in the welfare of the child. This could include grandparents, stepparents or other family members. If the parents are married and object to grandparent or other family member visitation with the children, the courts generally defer to the parents’ wishes. For divorced parents where the grandparents or other family members had a preexisting relationship with the children, the court will balance the needs of the grandparents or other family member with the parents’ fundamental parental rights.
What Happens When A Spouse Wants To Move Away After the Divorce?
Due to California’s high cost of living, it is not uncommon that one parent may wish to relocate, which can significantly impact the other parent’s ability to have meaningful time with their children. Relocation requires the approval of the court or an agreement with the other parent.
It can be very difficult to obtain a move away order, and it is important for you to understand what your rights and options if you or your co-parent are considering moving out of the area.
Discuss Your Child Custody & Visitation Options
Deciding on the right custody and visitation plan for your children can be difficult. Contact the San Jose child custody & visitation attorneys at Foster Hsu to discuss the process of deciding child custody and how you can advocate for your parental rights. Contact us online or call 408-841-7200 to make an appointment.
