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.
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Contact Our Attorney at Feak & Revelo, LLP Today
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.