In Need of a Child Custody and Visitation Lawyer in San Jose?
The end of a relationship can cause significant concerns for parents, including how much time they will spend with their children and decision making in terms of the children’s school, healthcare, and other daily needs.
Our attorneys at Feak & Revelo, LLP understand that custody and visitation are parents’ top priorities and we know how important parents’ relationships are to children. We can help you create a plan with your children’s best interest at heart.
Schedule a consult with Feak & Revelo, LLP by calling (408) 501-8883.
Legal Custody
Legal custody refers to a parent’s decision-making power regarding a child’s education, health, and welfare. This includes but is not limited to decisions such as which school a child should attend, whether or not the children shall be enrolled in therapy, and what medical or dental treatment a child may receive.
Legal custody may be shared by both parents, this is also known as joint legal custody. However, when a parent fails to make decisions that are in the child’s best interest, the other parent may either hold sole legal custody (meaning they have sole decision-making power) or final decision making power over certain issues (for example, parents may share joint legal custody, but one parent may hold decision making power over the issue of education if the parents cannot agree).
Physical Custody
Physical custody refers to where the child resides. To share joint physical custody, the parents do not necessarily need to have equal time with the child. While there is no statute that provides the exact amount of time a parent needs to have in order to share joint physical custody, most courts require that a parent has at least over thirty percent parenting time.
Parenting Time
Parenting time, also known as visitation, refers to the actual amount of time a parent spends with the child. In California, there a several visitation arrangements parents may have:
Scheduled Visitation: This is the most common visitation arrangement, in which parents have a set schedule with dates and times that the child will be with each parent.
Reasonable Visitation: This is an open-ended arrangement that parents may agree to when they want flexibility in their parenting time. However, this often requires parents to be able to communicate efficiently and to work together in an amicable manner.
Supervised Visitation: When there is a concern about the child’s safety and welfare, a court may require a parent to be on supervised visits. In this situation, either an agency (known as professionally supervised visits) or a third party (known as non-professional supervised visits) will be present during visits in order to monitor them.
No visitation: If the court deems that even having supervised visits would place a child in emotional or physical danger, the court may deny visitation.
When determining an appropriate parenting time arrangement, the court considers the child’s age and health, the relationship between the parents and child, each parent’s ability to care for the child, any substance abuse issues by either parent, and any history of domestic violence. Ultimately, the court will order a plan that has the child’s best interest as the priority.
Navigating custody and visitation issues can be a complex and emotional process. If you find yourself in need of custody and visitation orders, hiring an attorney with a focus on this area is crucial. A knowledge custody attorney can guide you through the legal requirements and ensure that your rights are protected whether it be through settlement or litigation. They will help you understand the factors that influence custody and visitation decisions.
Your attorney will work diligently to advocate for the custody and visitation orders that you seek. Having an attorney by your side can alleviate the stress of settlement or litigation, allowing you to focus on your emotional wellbeing during this challenging time. With their support, you can navigate the complexities of custody and visitation with confidence.
We Also Focus on the Following Areas in San Jose, CA:
The custody attorneys at Feak & Revelo, LLP are adept in working on behalf of their clients. Feak & Revelo, LLP can help you understand what to expect and the best steps for your situation. Contact us online or call (408) 501-8883 to discuss your options.
Frequently Asked Questions:
What factors do courts in San Jose consider when determining child custody?
Courts in San Jose focus on the best interests of the child. Factors include each parent’s ability to provide for the child’s physical and emotional needs, the child’s relationship with each parent, any history of domestic violence, and the child’s preference if they are old enough to express one.
How is custody different from visitation in California?
Custody refers to both legal and physical custody. Legal custody involves decision-making for the child’s welfare, while physical custody pertains to where the child lives. Visitation, or “parenting time,” is the schedule for when the non-custodial parent spends time with the child.
How can I modify a child custody or visitation order in San Jose?
To modify an existing custody or visitation order, there must be a significant change in circumstances, such as a parent’s relocation, a change in the child’s needs, or concerns about a parent’s ability to care for the child. Our legal team at Feak & Revelo, LLP will help you file for a modification and present a compelling case to the court.
What is joint custody, and how does it work?
Joint custody means both parents share legal and/or physical custody of the child. In joint legal custody, both parents make decisions about the child’s upbringing. In joint physical custody, the child spends significant time living with both parents, although it may not always be a 50/50 split.
How can I increase my chances of getting custody of my child in San Jose?
To improve your chances, focus on demonstrating your ability to provide a stable, loving, and safe environment for your child. Being actively involved in their life, maintaining a healthy lifestyle, and showing your willingness to cooperate with the other parent can all be beneficial factors.
Can grandparents seek custody or visitation rights in San Jose?
Yes, under certain circumstances, grandparents in California can petition for visitation or custody. However, they must prove that their involvement is in the child’s best interests, and it typically involves showing a strong pre-existing relationship with the child or concerns for their well-being.
Do I need a lawyer for a child custody case in San Jose?
While it’s possible to represent yourself, working with an experienced child custody attorney ensures that your rights are protected throughout the process. An attorney can help navigate the complexities of custody laws, mediation, and court proceedings, maximizing your chances of a favorable outcome.
How long does it take to resolve a child custody case in San Jose?
The duration of a child custody case depends on whether parents can reach an agreement through mediation or if the case goes to court. Simple cases may be resolved in a few months, while contentious cases can take longer, especially if they require a court trial.
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
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