Cupertino Child Custody Lawyer

Cupertino Child Custody Attorney

Divorce or separation is emotionally difficult, and it can be even harder when parents have minor children. A Cupertino child custody lawyer can help you navigate these cases and protect the well-being and future of your family.

Hire a Child Custody Lawyer and Certified Family Law Specialist

The Law Offices of Rod Firoozye have fought for those in our communities for nearly 30 years and have spent the past 21 years working exclusively in family law cases throughout Santa Clara County. We understand how complicated these cases can be and want to fight to protect you and your children.

Our firm has significant experience in complex cases involving high-income parents. This adds unique issues, and it is important that these concerns are addressed. We can help you navigate the Superior Court for the County of Santa Clara family division.

Types of Child Custody in Cupertino

In 2022, California had a divorce rate of 5.9 per 1,000 women 15 and older, according to the Census Bureau. In the U.S., 27% of children under 21 lived with one parent while the other parent lived outside the home. When parents get a divorce or are unmarried and separate, they must determine a custody arrangement for their minor children.

Whether parents are negotiating a parenting plan or must take their custody case to court, there are several options available. A custody arrangement determines both physical and legal custody of a child or children.

• Physical custody is a parent’s ability to determine where their child lives and provide shelter.
• Legal custody is the ability of parents to make important decisions for their child, such as healthcare, education, religious upbringing, and other choices.

Both types of custody can be either sole or joint. When either parent requests joint custody in court, then joint custody is presumed to be in the child’s interests. Parents who create their own parenting plan can make their own decisions, but those decisions must be approved by the court.

• Joint custody occurs when both parents have the right to custody. In joint legal custody, both parents can make decisions for their children, and a parenting plan must specify how they will make these decisions while separated. In a joint physical custody arrangement, a child lives with both of their parents. Often, the arrangement seeks to make the time a child spends with each parent as equal as possible. However, sometimes this is not realistic.
• Separate custody occurs when only one parent has a legal right to custody. In separate legal custody, only one parent can make important decisions, and the other parent need not be consulted. When physical custody is separate, the child lives primarily or solely with one parent. The other parent may have visitation rights or none at all in some extreme circumstances.

A Parenting Plan

A parenting plan or court custody arrangement must determine legal and physical custody, and either could be joint or separate. When the court makes or approves a custody arrangement, it will determine what is in the child’s best interests.

What Are a Child’s Best Interests?

25% of the population in Cupertino is under the age of 18. The child’s interests are essential in any court case involving children. Factors considered in a child’s best interests are:

• The health, well-being, and safety of the child
• Whether there is a history of abuse by a parent or person requesting custody against:
  • A child that the person is related to or was a caretaker for
  • The other parent of the child
  • A parent, spouse, cohabitant, or an individual in a dating relationship
• The contact the child has with both parents, and the nature and frequency of that contact
• The continued and regular use of controlled substances by either parent

The court may also consider:

• The child’s connection to their community, including their home and school
• Each parent’s ability to provide care for the child
• The child’s age

When you hire a Cupertino child custody lawyer, they can help you negotiate a parenting plan in the child’s interests or work to advocate for the ideal outcome in court.

FAQs

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is not considering your child’s best interests as the priority and instead focusing on winning or beating your co-parent. Custody battles can occur because of many high-stress and difficult situations between parents.

It’s important that you always keep your child’s well-being in mind. Lying about your co-parent, trying to make your child take sides, or talking badly about the child’s other parent to them are harmful practices both in and out of court.

What Rights Do Fathers Have in California for Child Custody?

Both parents have the same rights for child custody in California, and neither parent is given preference based on gender. Both parents have the right to request child custody of their child, and the court will determine custody based on the interests of the child. If parents are unmarried, a father must establish his parental rights.

Can a Mother Keep a Child From the Father Without a Court Order?

In most cases, no, a mother cannot keep a child from the father without a court order. However, there are exceptions. If parents are unmarried and the father has not established parental rights, he does not have a right to custody or visitation. Withholding visitation from a parent who has legal parental rights is generally not allowed, unless there is a legitimate reason to fear for the child’s safety. Parents should also seek to modify the order in this case.

Is California a 50/50 Custody State?

Yes, California is a 50/50 custody state, because there is a legal presumption that joint custody is in the best interests of a minor child when it is requested by either parent. However, joint custody can be denied for specific reasons that are not in the child’s best interests. Courts generally prefer joint custody, when possible, but there are cases where sole custody is better for the child.

Reach Out to Our Firm

When you need experienced legal representation to help your child custody case go more smoothly and be in your child’s interests, reach out to the Law Offices of Rod Firoozye today.