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Child custody cases are some of the hardest to go through. Emotions run high when parents are working out arrangements for the most important people in their lives: their children. Fortunately, you don't have to go through these negotiations alone. The compassionate child custody lawyers at Modern Family Law are ready to guide you through the process and represent you, so you can reach the best result for you and your children.
Custody orders are made when parents separate, divorce or have a child together outside of marriage. California recognizes two types of custody. Physical custody is where your child lives and how parenting time is shared. Legal custody is who makes decisions about your child's education, religion and health care. Many factors go into deciding which arrangement is best for your child.
We know custody cases are hard on everyone involved. We're here to help you through the uncertainty and give you the information you need to keep your children's best interests at the center of your case. We believe educated clients make better decisions and handle this stressful process better. Talk with one of our San Jose child custody lawyers today.
Schedule a Free ConsultationParents can agree on a custody arrangement, or a judge can decide it. Either way, it covers two types of custody:
Legal custody is the right to make decisions about your children's health, education and welfare, like where they go to school or whether they get braces. It can be joint (shared) or sole. Even without legal custody, both parents generally have the right to see school and medical records. It's important to be clear about who makes which decisions so there are fewer disagreements later.
Physical custody is where your children live and the time they regularly spend with each parent. It can be joint, where children spend significant time in both homes, or primary, where they live mostly with one parent and spend scheduled time with the other, such as weekends or holidays. When parents live close to each other and communicate well, they can sometimes arrange exchanges with more flexibility around everyone's schedules.
Legal and physical custody aren't an either-or choice. Most parenting plans address both. The court looks at what's best for your child, including each parent's distance from the other, work or school schedules, and any special needs that call for more hands-on care.
Our Attorneys Are Ready to Listen. Our San Jose custody attorneys have the knowledge, resources and dedication to prepare your case, protect your interests and work toward the best possible outcome for your family.
Schedule a ConsultationWe're not fans of surprises, and we suspect you aren't either. We built these calculators so you know what to expect every step of the way.
In San Jose, custody cases are handled by the Santa Clara County Superior Court. You can start a case as part of a divorce or legal separation, or file a separate request if you aren't married to the other parent. Before a judge decides a custody disagreement, parents meet with a court mediator (called Child Custody Recommending Counseling in Santa Clara County).
Court forms and guides can help if you decide to handle your custody case yourself. Every case is unique, though, and we can't guarantee these forms will meet the needs of yours. We recommend talking with one of our San Jose custody lawyers before you complete or file them.
The best arrangement depends on your child's age, each parent's work schedule, the home environment and more. It may seem simple at first, but a lot goes into deciding what's best for your family. Talk it through with your attorney so you can make an informed decision. Our compassionate San Jose child custody attorneys understand these complexities and can help you make the right choices for your situation.
If you and the other parent agree on custody, the court will usually approve your agreement. If you can't agree, a judge will decide based on your child's best interests, including your child's health, safety and welfare, any history of abuse, and the nature and amount of contact with both parents.
Having a child custody lawyer help you negotiate is important. You can't just walk into court and ask for a specific arrangement without explaining why it's best for your child. The judge will want to understand your family's situation first. An experienced custody attorney who knows how California custody law works in San Jose can walk you through each step and help you make the best decision for your child.
Our San Jose custody attorneys understand how overwhelming the custody process can be. We'll listen to the specifics of your case, pay close attention to your concerns and goals, and give you clear, practical guidance to help you through this difficult time and make the best decisions for your family.
At Modern Family Law, we go to great lengths to help our clients understand the legal process. Better understanding leads to smarter choices, and smarter choices lead to greater satisfaction with the outcome. We see every case as a partnership between lawyer and client.
Our San Jose child custody attorneys know how difficult these matters are. We'll empathize with your situation and guide you toward the best possible outcome for you and your family. We also understand the financial burden family law matters can bring. Our SimpleStart™ program gives qualified clients a way to reduce the money needed to start their case.
Child custody is an important decision that deserves careful thought. An experienced San Jose child custody lawyer can help you through the legal system and toward an agreement that's best for you and your child. Contact Modern Family Law to talk with one of our child custody lawyers today.
Rachel McKenzie
Managing Attorney San Jose, CA Meet Rachel
Sonia Bakshi
Associate Attorney San Jose, CA Meet Sonia
Erin Conghuyen
Associate Attorney San Jose, CA Meet Erin
Jennifer Cima
Associate Attorney San Jose, CA Meet Jennifer
Georgi Roll
Associate Attorney San Jose, CA Meet Georgi
Niraimathi Nagarajan
Associate Attorney San Jose, CA Meet Niraimathi
Maritza Ortiz-Urrutia
Associate Attorney San Jose, CA Meet Maritza
Gabriel Ignacio
Associate Attorney San Jose, CA Meet GabrielCustody has many parts, and no two cases are the same. You don't need to understand every detail, but the more you know, the easier the process will be.
Frequently asked questions
Everyone wants to be careful with attorney fees, us included. The biggest factor in cost is the level of conflict, and it's often unknown or underestimated at the start. Other factors include planning and choosing an attorney for reasons unrelated to your goals. We can't quote a final total up front, but we can explain how each factor affects cost. See our Fees & Costs page or try our attorney fees calculator.
No age lets a child decide. Under California Family Code section 3042, a child 14 or older generally may tell the court which arrangement they prefer, unless the court finds that isn't in the child's best interest. A younger child may also be heard if the court finds it appropriate. The judge gives the child's wishes weight but makes the final decision.
The judge decides based on the child's best interests. California law doesn't favor either parent because of gender. The court looks at the child's health, safety and welfare, any history of abuse, each parent's use of controlled substances or alcohol, and the nature and amount of contact with both parents.
Yes, if you disagree about custody or visitation. California requires parents to meet with a court mediator before a judge decides. Read more about custody mediation.
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