Do You Need Help Resolving a Child Custody Issue?

Speak With Our Child Custody Attorney in San Jose

Picture of child custody concept

Going through a divorce is a difficult and painful process. When a couple has children, it can become even more stressful. Parents must choose where their children will reside and spend their time. For many divorcing couples, this is an area of contention. They may not agree on many aspects concerning the children. To make matters worse, the fear of not spending time with their children is paralyzing and terrifying. Fortunately, a child custody attorney in San Jose can help.

At the Law Offices of Thomas Nicholas Cvietkovich, our attorneys have helped divorcing parents protect their parenting rights throughout their divorce and beyond. We know that your children are your world and we fight aggressively to do what is best for your children every step of the way.

Types of Child Custody in California

When going through a divorce, you will hear the term “custody.” Custody is the protective care or guardianship of minor children. In California, there are two types of custody: legal custody and physical custody. Understanding the differences between these types of custody is important:

Legal Custody

Legal custody allows parents to make decisions about their children’s welfare. This includes making decisions about medical care, as well as where their children will attend school. It also includes making decisions about religion. Many parents have joint legal custody together. However, in some cases, the court may award one parent sole legal custody.

Physical Custody

Physical custody refers to where the children will reside. Like legal custody, many parents share joint physical custody. However, in some cases, the court can award sole physical custody to one parent.

If one parent has sole physical custody, the other parent may still have visitation rights. Visitation orders are separate from physical custody. It is also important to know that physical custody is not the same thing as a parenting plan. A couple can share joint physical custody, yet the children may live with one parent 80 percent of the time.

How Is Custody Determined in California?

When determining custody in California, it is best if both parents can agree. When both parents agree on custody and a parenting plan, the courts generally approve the agreement.

However, if parents disagree about custody, the court will get involved. The court will look at many factors to determine legal and physical custody. Some of these factors include:

  • Ability of each parent to care for the children
  • Living situation at each parent’s home
  • Relationship with the children
  • History of domestic violence
  • History of abuse
  • Age of the children
  • Overall health of the children

California courts make custody decisions in the best interests of the children. The children and their needs will always come first over parental needs. As such, it is important to show the court that you are able to take care of your children and have a strong desire to do so. Our child custody attorney in San Jose may be able to help show the courts that you deserve to have custody of your children.

How Can a Child Custody Attorney Help?

At the Law Offices of Thomas Nicholas Cvietkovich, our attorney has extensive experience helping parents in California through divorce and child custody issues. When seeking a custody determination, we can fight aggressively for your rights and for your children every step of the way.

Our San Jose child custody lawyer can also help with child custody modifications. In certain situations, changing an existing child custody agreement may be necessary.

Contact Our Child Custody Attorney in San Jose

Child custody is often a contentious aspect of the divorce process. Fortunately, a child custody attorney in San Jose can help you through this difficult time. Your attorney can assist you through the initial divorce, as well as custody disputes and modifications.

At the Law Offices of Thomas Nicholas Cvietkovich, we offer free consultations to help you during this difficult time. We will meet with you personally and help answer all of your family law questions. We can protect your parenting rights and your future every step of the way. Call us today at (408) 404-8656 or fill out our online contact form.