San Jose Custody Lawyer
Seabrook Law Offices advocates for children and families when negotiating child custody agreements.
Child Custody in San Jose
Your children are your main priority during a divorce. You want to ensure that they’re cared for, so you need a child custody order that’s in their interests. Often, parents share physical and legal custody, but that’s not always safe for the child. For instance, if one parent abuses alcohol, the child could be in danger in his or her home.
Our San Jose child custody lawyer will review your situation to determine the right path forward. This might include negotiating for joint or sole custody of your child. If we cannot work out an agreement through negotiation, we can present evidence to the judge. Then, the judge will issue a legally-binding child custody order.
Determining Child Custody
Whether you negotiate for child custody or have a judge decide, numerous factors go into the decision. These include:
- Age and health of the child
- Relationship between the child and parents
- Parents’ abilities to care for the child
- The child’s home, community, and school ties
- History of domestic violence and substance abuse
Physical disabilities, sexual orientation, religion, gender, and lifestyle are not considered when determining child custody orders.
Physical And Legal Custody In San Jose
Both physical and legal custody are addressed when creating child custody orders. Legal custody refers to the parent or parents who have decision-making powers. Custody agreements often grant joint legal custody, so both parties can make decisions related to the child’s education, health, welfare, and more.
Physical custody determines where the child resides. The family law system strives to have children live with both parents, meaning that 50/50 physical custody is often preferred. In this instance, parents alternate days or weeks. There are many ways to do this, including a 2-2-3 parenting schedule. The numbers indicate parenting days, so one parent keeps the child for two days, then the other parent keeps the child for two days. Finally, the child goes back to the first parent for three days before restarting the schedule.
While 50/50 is the goal, it’s not always reasonable or in the interest of the child. In that case, one parent can get sole physical custody, and the other will get parenting time if it’s safe for the child.
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Child Support With 50/50 Child Custody
Child support can be ordered, even in cases where the parents have a 50/50 custody arrangement. This is most likely to happen in cases where one parent earns quite a bit more than the other. The lower-earning parent will need child support to ensure the child maintains the same standard of living he or she had before the divorce.
Your San Jose child custody lawyer can look at your finances to determine if you’re eligible for child support. If so, your attorney can negotiate for custody and support at the same time. Additionally, your lawyer can take the case to family court if the other party does not agree to a custody and support schedule.
The court considers children’s preferences when creating custody orders. First, the child must be 14 or older to voice a preference in court. The child also must be deemed mature enough to provide a reasonable opinion regarding custody. While the judge will consider the opinion, it’s one of many factors used when deciding child custody. Our San Jose child custody lawyer takes a child-first approach, much like the court system. Thus, we will also consider your child’s desires while helping you reach an agreement.
If the other parent poses a physical or emotional risk or has abused your child in the past, you are understandably worried about custody. Fortunately, your child can still see the other parent through supervised visitation. This will allow you to keep your child safe while he or she maintains a bond with the other parent. If you think that supervised visitation is right for your case, discuss your needs with our San Jose child custody lawyer. Keeping your child safe is a priority, so reach out to go over your legal options.
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