San Jose Child Custody Lawyer
Visitation Attorney Serving Santa Clara, Mountain View, and the San Francisco Bay Area
At the Dominion Law Group, LLP, San Jose child custody attorney Kevin Hutcheson offers candid and forthright legal advice for child custody legal issues. Whether you are going through initial custody negotiations during a divorce or you are seeking to modify your custody arrangement years after a divorce, we can help.
Our approach to family law is to listen to our clients first and devise legal strategies that will serve the long-term interests of their children. No one wants their children to suffer because of a divorce. While aggressive negotiating tactics and rancorous litigation may be necessary, we try to keep the emotional strain of divorce and custody disputes from negatively impacting the children. Children need two parents. The sooner we end the conflict and reach a resolution, the better it will be, not just for you but also for your children.
Divorce is a difficult time for both parents and their children. When you are ready to resolve a child custody matter, our firm can help you do so as efficiently as possible. Contact a San Jose child custody lawyer for representation in the following areas:
- Parenting plans and visitation
- Child custody evaluations
- Modifications to custody and visitation
- Grandparent child custody
- Parental relocations and move-aways
- Paternity as it relates to child custody
Who Gets Custody of the Children After a Divorce?
Many of our clients have one major concern when they speak with us: "who gets custody of the children after a divorce?" While there is a formula for deciding this, the details of your particular case are unique. With the help of an experienced child custody attorney, you can find the answer.
Since the 1980s, California courts have ordered joint custody of children unless there are compelling reasons not to. However, you could have joint custody of your children and still only see them once a month. As a practical matter, one parent will have custody and the other will have visitation rights, which is also known as "parenting time."
If the parties agree, then the court may approve any arrangement that the two parties can develop jointly. However, if the parties cannot reach an agreement, then the judge will order primary physical custody based on what is perceived to be in the child's best interest following an evaluation process. The evaluation process can take up to a year and involve significant expense. For this reason, our San Jose child custody lawyers prefer the collaborative law approach, which resolves child custody matters based on mutual interests of the parties.
Factors Considered in Determining Child Custody in California
If the family courts do need to determine a custody and parenting time plan, they will look at several factors. Some of the factors courts consider in child custody include:
- Emotional bond with the parent
- Whether there are signs of domestic abuse
- The child's opinion on which parent he or she wants to live with
- The lifestyle of the parents
- The physical location of the parents
For a consultation with a San Jose child custody lawyer at the Dominion Law Group, LLP, call 408-288-5592 or contact us online. Our attorney is also a certified family law specialist. We serve clients in the communities of Campbell, Los Gatos, Santa Clara, Cupertino, Milpitas, Sunnyvale, Mountain View, Palo Alto, and throughout the San Francisco Bay Area.