Santa Clara Child Custody Lawyer

Santa Clara Child Custody Attorney

Child custody is one of the most contentious issues that comes up in modern divorces. In most cases, both parents want what’s ideal for the child, but they don’t always agree on what that means in terms of legal and physical custody. When that’s the case, hire a Santa Clara child custody lawyer on your side.

Trust the Law Offices of Rod Firoozye

The team here at the Law Offices of Rod Firoozye has been handling child custody cases for years, and in that time, we’ve seen it all. We’re intimately familiar with child custody laws and know how to support our clients through this difficult time, standing up for their parental rights and always prioritizing the interests of the child involved.

Why Hire a Child Custody Lawyer?

California has an overall divorce rate of 5.9, and Santa Clara has a population of 132,711 people. Of those households in Santa Clara County, 34.4% have children. What all these numbers add up to is thousands of divorces involving minor children occurring in Santa Clara every year.

If you’re getting a divorce and there are minor children involved, you need to hire a child custody lawyer as early in the process as possible. A Santa Clara child custody attorney will be able to help you with everything from filing paperwork to gathering evidence of parental fitness or non-fitness. Having someone on your side to provide legal advice, guidance, and representation can make it easier to go through a difficult child custody battle.

Types of Custody Arrangements

There’s no such thing as a one-size-fits-all parenting plan. Your final custody order will address physical and legal custody and may assign sole custody to one parent or joint custody to both. In terms of definitions, legal custody refers to the parent who makes important decisions about schooling, healthcare, and religion, while physical custody refers to which parent or parents the child lives with. Custody arrangements can involve situations in which:

• Sole legal and physical custody is assigned to one parent.
• Sole physical custody is assigned to one parent, and joint legal custody is assigned to both.
• Joint physical and legal custody is assigned to both parents.
• Sole legal custody is assigned to one parent, and joint physical custody is assigned to both.

It’s rare for courts to assign sole legal custody and joint physical custody.

Who Decides on Custody Agreements?

Parents typically work together to create fair and proper custody arrangements that prioritize their children’s interests, and a judge adopts them into a court order. In some cases, though, parents are unable to come to an agreement. If that’s the case, a judge will decide for you who gets custody of your child. They will consider factors such as:

• Your child’s age, health, and the presence of any special needs
• Each parent’s mental and physical health
• The child’s emotional bond with their parents and any siblings
• Each parent’s ability to provide a stable environment
• The child’s ties to school and community
• Each parent’s willingness to encourage an ongoing relationship with the other parent
• Any history of abuse

If the child is old and mature enough, the judge will also consider their preferences.

Modifying Child Custody Arrangements

Sometimes, parents’ situations change, and child custody arrangements must be modified after the fact. Before a judge will modify child custody, the parent requesting the modification must demonstrate a substantial change in circumstances that has led to the current arrangement no longer serving the child’s interests. We can help you file the paperwork with the Santa Clara County Superior Court.

FAQs

What Is the Biggest Mistake You Can Make in a Custody Battle?

The biggest mistake you can make in a custody battle is putting your interests ahead of those of your child. Some parents do this by badmouthing each other to their children or the court. Others allow negative emotions like anger and revenge to cloud their judgment or try to use their children as leverage. You should avoid all of these actions and always place your children first.

Can a Mother Stop a Father from Seeing a Child in California?

A mother cannot stop a father from seeing a child in California without a court order. Both parents have equal rights to be with the child, and parents who refuse visitation without a strong reason can face negative consequences. If a mother wants to stop a father from seeing his child, she must get a court order, which requires providing evidence that the father is unfit and that the child will benefit from no longer seeing him.

Who Wins Most Child Custody Cases?

Mothers win more child custody cases currently, but that is changing rapidly. Currently, mothers are custodial parents in 70-80% of cases. However, the attitudes of the courts are beginning to shift to recognize the non-monetary contributions of fathers as being more significant. Now, more fathers than ever are actively pursuing and obtaining either primary or shared custody of their children.

What Do Judges Look for in Child Custody Cases in California?

Judges look for one thing in child custody cases in California: what is in the best interests of the child. In considering this, they may consider factors such as the child’s age, the child’s relationship with each parent, the child’s personal preference if old and mature enough, the child’s schooling, the parents’ financial stability, and the parents’ fitness. Your attorney can also help you understand other factors that may be considered.

Santa Clara Child Custody Lawyer

No one wants to become embroiled in a custody battle. If you’ve found yourself in this difficult position, your first step should be to hire a Santa Clara child custody lawyer who can help. The team at the Law Offices of Rod Firoozye is committed to supporting our clients’ parental rights and their children’s interests. We’re Certified Family Law Specialists with years of experience in the field, so you can trust us. Contact us to schedule an initial consultation.