Campbell Child Custody Lawyer

Campbell Child Custody Attorney

Divorces are always stressful, but when there are children involved, conflicts can quickly escalate. Child custody battles are not uncommon. You can work with a Campbell child custody lawyer to resolve the issue and ensure that your child’s best interests are protected throughout the divorce process and beyond.

Trust the Law Offices of Rod Firoozye

If your spouse is engaging you in a custody battle, you need a team of legal professionals on your side who can help to support your parental rights as well as your child’s best interests. At the Law Offices of Rod Firoozye, our founding attorney is a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization, and our legal team has years of experience with child custody cases.

Why Hire a Child Custody Lawyer?

The birth rate in Campbell, CA, is 5.6%, which is around 20% higher than California’s overall birth rate of 4.8%. With a population of 42,848, and considering California’s divorce rate of 5.9 per 1,000 women, that means there are hundreds of divorcing couples who have to come up with child custody agreements each year. Many child custody agreements are contested, which is where a skilled and knowledgeable child custody lawyer comes in.

When you hire a child custody lawyer, you are protecting both your child’s best interests and your parental rights. A Campbell child custody attorney can help you with everything from filing paperwork to gathering evidence to supporting your claims in court if it becomes necessary to go to trial to determine who should get custody of your child. Having a dedicated lawyer on your side can help alleviate some of the stress associated with custody battles.

Types of Child Custody in California

There are two types of child custody in California: legal custody and physical custody. Both of them can be assigned jointly or solely, depending on parental fitness and the needs of the child.

The parent or parents with legal custody make significant decisions about the child’s welfare, including issues involving schooling, religious upbringing, and health. Physical custody refers to where the child spends most or all of their time. Parents can share physical custody while only one parent maintains legal custody, or they can share both responsibilities.

Factors Influencing Child Custody Decisions in California

In the Golden State, the courts follow the Uniform Child Custody Jurisdiction and Enforcement Act. When the courts decide who should have custody of a child, they always prioritize what is in that child’s best interests. Factors that influence their decision can include:

• The child’s age
• The child’s health status
• Emotional ties between the child and their parents
• Parental fitness
• History of violence and/or substance abuse
• The child’s ties to their school or community
• The child’s preference, if they are of sufficient age and maturity

There is no case in which the court simply automatically awards custody to either parent. They look at the big picture and take into account all factors that could influence the child’s well-being.

Third-Party Custody in California

In rare cases, the court determines that giving custody to either parent could be harmful either emotionally or physically to the child. In these cases, it has the ability to appoint what’s known as guardianship custody to a third party. The guardian can be awarded either physical or legal custody of the child, but must petition the court to do so.

Creating and Modifying Parenting Plans

Child custody procedures center around creating parenting plans, which detail custody arrangements. These plans can be altered as needed if the circumstances of one or both parents change, and this could influence the well-being of the child. If you need to modify a parenting plan, reach out to our law office for help. Most Campbell family law cases will be handled at the Family Justice Center Courthouse in San Jose, which we are familiar with.

FAQs

What Looks Bad in a Child Custody Case?

There are many actions that look bad in a child custody case. You should avoid demonizing the other parent, lying to the court, and failing to follow court orders. If you have a demonstrable history of abuse, neglect, financial mismanagement, or substance use, the court could also view those factors in a negative light.

What Should You Say in Court to Win a Child Custody Case?

There is no one thing you should say in court to win a child custody case. The court is legally obligated to consider the child’s best interests when assigning custody. If you seem like the more capable parent, have a stronger relationship with the child, and will be better able to provide for their needs, your Campbell child custody attorney will ensure that is evident to the court.

How Much Does It Cost to Hire a Campbell Child Custody Lawyer?

The cost to hire a lawyer for child custody varies based on factors such as whether your spouse contests your proposed child custody agreement, how experienced your lawyer is, and whether your case has to go to court. Simple cases in which both parents agree to share custody or assign sole custody without a fight will generally cost less than complex cases involving fierce custody battles.

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is prioritizing your own interests over those of your child. Avoid taking negative actions such as alienating the child from their other parent, placing your emotions ahead of reason, and badmouthing the other parent. Demonstrating an inability to cooperate or protect your child’s relationship with their other parent can be seen as a threat to the child’s well-being and will hurt your chances of being assigned custody.

Your Seasoned Campbell Child Custody Lawyer

Child custody battles can be incredibly stressful, but you don’t have to go through it alone. You can work with a Campbell child custody lawyer to ensure that your rights and your child’s best interests are protected. The team at the Law Offices of Rod Firoozye is intimately familiar with child custody laws and has resolved hundreds of child custody cases over our many years in practice. You can trust us to help. Contact us to schedule an initial consultation today.