As a parent, your deepest instinct is to protect your children and ensure their stability and happiness. When a relationship ends, the fear that this stability will fracture is immense.
Questions about where your children will live, how you will make decisions, and how you will maintain your bond with them become the most pressing concerns in your life.
The attorneys at Wade Litigation understand that this is more than a legal case; it is about the future of your family. As your dedicated San Jose custody lawyers, we provide the strength, strategic clarity, and focused advocacy needed to protect your parental rights and your children’s well-being.
Your family's blueprint for the future
- California courts must make all custody decisions based on the "best interest of the child," a legal standard that prioritizes a child's health, safety, and welfare above all else.
- Custody has two parts: legal custody (the right to make decisions about health, education, and welfare) and physical custody (where the child lives).
- A detailed parenting plan is the foundation of a successful co-parenting relationship, outlining schedules and responsibilities to provide children with consistency and predictability.
- The court considers many factors to determine a child's best interest, including the child's relationship with each parent and any history of domestic violence.
Why Wade Litigation is Your Advocate for San Jose Child Custody
Your choice of a San Jose child custody attorney is a decision that shapes your family’s future. At Wade Litigation, we build our representation on a foundation of strategic action, clear communication, and an unwavering focus on your children’s well-being. We provide the dedicated legal support your family needs during this critical time.Deep familiarity with local family courtsWe practice extensively in the Santa Clara County Superior Court family law divisions. Our family law attorneys understand the specific procedures, judicial philosophies, and mediation requirements unique to this jurisdiction. This local knowledge allows us to position your case effectively and avoid procedural delays, providing you a distinct advantage from the start.A strategic approach centered on your childrenWe develop every case with a clear focus on the "best interest of the child" standard. We work with you to gather and present compelling evidence that highlights your strengths as a parent. Our approach is proactive, not reactive, designed to build a strong legal argument for the parenting plan you believe best serves your children.Unwavering commitment to communicationYou will never feel left in the dark about your own case. At Wade Litigation, you have direct access to your attorney. We provide prompt responses to your questions and clear explanations of legal processes. We empower you with the information you need to make confident and informed decisions for your family.Prepared for both negotiation and litigationWe recognize the value of resolving custody matters amicably to minimize conflict for your children. Our attorneys are skilled negotiators who seek creative, out-of-court solutions first. However, if the other party is unreasonable, we are always prepared to protect your parental rights forcefully in the courtroom. Our trial-readiness strengthens your position at every stage.
Child Custody in California
California law approaches child custody with the primary goal of ensuring children have frequent and continuing contact with both parents after a separation, provided it is in their best interest. Familiarizing yourself with the legal framework is the first step toward building a successful custody arrangement.
Legal custody
Legal custody grants a parent the right and responsibility to make important decisions about a child's upbringing. This includes choices regarding the child's schooling, healthcare, and religious instruction.
Courts strongly favor awarding joint legal custody, which requires parents to confer and agree on these major decisions. In rare cases involving issues like domestic violence or a parent's incapacity, a court might award one parent sole legal custody.
Physical custody
Physical custody refers to the arrangement determining where the child resides. Joint physical custody means that the children spend significant periods of time with each parent. This does not always mean a 50/50 split, but rather a schedule that is consistent and substantial for both parents.
Sole physical custody grants one parent the right to have the child reside with them, while the other parent typically has a designated visitation schedule.
The "best interest of the child" standard
Every judicial decision in a California custody case is governed by a single, overriding principle: the best interest of the child. This is not just a guideline; it is the law.
As outlined in California Family Code § 3011, judges must weigh a specific set of factors to determine what arrangement will best serve a child's health, safety, and welfare.
An effective legal strategy involves presenting clear evidence related to these critical factors. Your attorney's job is to build a case that demonstrates how your proposed parenting plan aligns with your child's best interests.
Crafting a Comprehensive and Workable Parenting Plan
A well-drafted parenting plan is the most effective tool for preventing future conflict and providing children with the consistency they need to thrive. This detailed document serves as a roadmap for your co-parenting relationship, outlining clear expectations and procedures for a wide range of situations.
A strong parenting plan goes far beyond a simple weekly schedule. It anticipates future needs and provides a clear framework for making decisions, reducing the likelihood of returning to court later.
A detailed plan should address:
- A regular custody schedule. This details where the children will be on weekdays, weekends, and during school breaks. Schedules can range from a 50/50 split to arrangements where one parent has the children during the week and the other on weekends.
- Holiday and vacation schedules. The plan should specify how major holidays (like Thanksgiving, Christmas, and Hanukkah), school vacations (spring and winter break), and summer vacation will be divided. This often involves an alternating-year schedule.
- Decision-making protocols. For parents with joint legal custody, the plan should outline how they will communicate and make decisions about education, non-emergency medical care, and extracurricular activities.
- Transportation and exchanges. The plan should clearly state who is responsible for transporting the children for custody exchanges and where these exchanges will take place.
- Communication rules. The plan can set guidelines for how and when parents will communicate with each other and with the children when they are in the other parent’s care.
Resolving High-Conflict Disputes
Some custody cases are marked by intense conflict and an inability of the parents to communicate effectively. In these situations, a more structured approach is necessary.
This may involve appointing a custody evaluator to make recommendations to the court, utilizing a "parenting coordinator" to assist in resolving day-to-day disputes, or seeking court orders that establish particular and rigid communication protocols.
Our goal is to de-escalate conflict where possible while always protecting your rights.
Establishing Paternity for Unmarried Parents
For unmarried parents, a legal determination of paternity is the first step before any custody or support orders can be made. Paternity can be established voluntarily by signing a Declaration of Paternity or through a court-ordered DNA test. We guide unmarried fathers and mothers through this process to secure their legal rights and responsibilities.
The Dangers of Using AI for Custody Advice
AI platforms can define legal terms, but they cannot provide legal advice. An AI chatbot has no understanding of your child's specific needs, your family's history, or the tendencies of the judges in Santa Clara County.
Your children's future is far too important to entrust to an algorithm that cannot grasp the human element of your case. For personalized strategy and dedicated advocacy, you need an experienced San Jose custody lawyer from Wade Litigation.
FAQ for San Jose Custody Lawyers
At what age can a child choose which parent to live with in California?
In California, a child cannot definitively choose which parent to live with until they turn 18. However, once a child is 14 years old, the court must consider their preference if the child wishes to state one.
For children under 14, the court has the discretion to listen to their preference, depending on the child's maturity level. The child's preference is just one of many factors the court considers.
What is a child custody evaluation?
A child custody evaluation is a process where a neutral mental health professional, appointed by the court, conducts an in-depth investigation into the family. The evaluator interviews the parents and children, observes interactions, and may speak with teachers, doctors, or other important figures in the child's life.
The evaluator then writes a detailed report and makes a custody recommendation to the court.
Do we have to go through mediation for our custody dispute?
Yes. In Santa Clara County, if parents cannot agree on a custody and visitation plan, they are required to attend mandatory mediation through Family Court Services before a judge will make a ruling. A trained mediator will try to help you and the other parent reach an agreement that is in your children's best interest.
What can I do if the other parent is not following the custody order?
If the other parent is violating the custody order, you have several options. You can try to resolve it directly, but if that fails, you can file a motion with the court to enforce the order. A judge can order compliance, order make-up parenting time, and in some cases, order the non-compliant parent to pay the other's attorney's fees.
Can a grandparent get custody or visitation rights in California?
Under certain circumstances, yes. If a grandparent has an existing, strong bond with their grandchild, they can petition the court for reasonable visitation rights. For a grandparent to get custody, they would typically have to show that both parents are unfit or that living with the parents would be detrimental to the child's well-being.
Protect Your Parent-Child Relationship
Your relationship with your children is your highest priority. Securing a fair and stable custody arrangement is the most important step you can take to protect that bond during a time of transition.
The legal team at Wade Litigation is ready to provide the skilled and compassionate advocacy you need to achieve your goals. We serve families throughout San Jose and Santa Clara County from our Los Gatos office.
We invite you to schedule a confidential consultation to discuss your case, understand your legal options, and develop a clear strategy.
Contact Wade Litigation today at (866) 784-2624 or fill out our online form to schedule a meeting with an experienced San Jose custody lawyer.