What the Court Looks at Regarding Child Custody
San Jose Child Custody Attorney
Simply put, in child custody matters the court always decides in favor of "what is in the best interests of the child." Given this fundamental principle of child custody law, a legal strategy that argues from the viewpoint of the parent or in terms of "fairness" is doomed to fail. This can come as a shock to some parents who believe that the goal of a court should be fairness.
When the family courts look at child custody, they look to the status quo. If everything is working for a child, there must be a good and compelling reason to change it. The most important factor, however, is the emotional bond between child and parent. Generally, children benefit from having both parents actively engaged in their life, so the courts form plans that encourage this relationship.
Other factors the courts look at include:
- A parent's ability to care for the child
- Preservation of family traditions
- Which parent is most likely to put a child's needs first
- A child's wishes coupled with the reason they want to live with a certain parent
- Evidence of physical abuse or other forms of domestic violence
- Agreements the parents make during the divorce process
An Experienced Advocate Can Make a Difference
At the Dominion Law Group, LLP, our San Jose child custody attorneys have successfully represented hundreds of clients in child custody and family law matters in California. We understand what the court considers in child custody disputes, and we can make the argument in legal terms that the court can accept and with which it can agree. We understand the uses of and the pitfalls of child custody evaluation procedures and can utilize or challenge the findings of these evaluations as the case demands.
The court can be persuaded by skillful and knowledgeable legal advocacy. It cares about such things as stability and promoting a close and continuing relationship with both parents, whenever possible. In making your case to the court, our San Jose child custody attorneys will argue in terms designed to persuade the court that your position is truly the one that is in the best interests of the child.
In every child custody and family law matter, our San Jose attorneys provide legal representation and advocacy to protect the rights of clients and serve the best interests of the child.
Contact a San Jose Custody Evaluation Lawyer
For a consultation with a San Jose child custody attorney, call 408-288-5592 or contact us online. We assist clients in Campbell, Los Gatos, Santa Clara, Cupertino, Milpitas, Sunnyvale, Mountain View, Palo Alto, Silicon Valley, Santa Clara County, and the San Francisco Bay Area.