Skilled And Focused Child Custody Attorneys San Francisco, CA
Child custody and parental visitation are among the most critical and highly sensitive family law matters. Decisions made in this process will have a powerful long-term impact on your children and your parenting role. Working with one of our skilled and dedicated San Francisco Child Custody Lawyers can make a significant difference in the challenging and emotional custody process.
In California, courts must always prioritize the best interests of the child when deciding child custody and visitation matters. This standard requires the court to weigh numerous factors relating to the child’s upbringing and well-being, including the level of tension and disagreement between parents. Even the input factors for a child support calculation may be a source of argument between parents who have separated.
Custody and visitation decisions require the knowledgeable, compassionate, and responsive representation that Schoenberg Family Law Group, P.C., provides.
If you are involved in a custody dispute or a have children and are facing a divorce in San Jose, please contact Schoenberg Family Law, P.C. immediately to discuss your case. Our compassionate legal professionals understand the seriousness of your situation, handling your custody issues with the delicacy and importance you deserve.
San Jose Child Custody Attorney Quick Links
- Why Choose Us?
- Understanding California Custody Law
- Our Experience in Numbers
- Knowledgeable Counsel And Effective Representation
- Contact Our Team of San Jose Child Custody Lawyers
We Excel At Resolving Complex Custody Disputes
Our experienced lawyers handle custody and visitation matters in connection with divorces and partnership dissolutions, legal separations, annulments, abuse prevention, and parentage actions. We have a successful track record in settling and litigating legally complex, high-conflict issues, such as:
- Custody evaluations
- Supervised visitation when warranted
- Paternity actions and DNA testing
- Child support determinations
- Child abduction, including Hague Convention cases
- Parent relocation petitions
- Parental alienation remedies
We diligently work toward favorable outcomes for our clients. We defend your parental rights while protecting the child from conflict and putting their needs and best interests first.
Understanding California Custody Law
California distinguishes between “physical” and “legal” custody. If a parent has “sole physical custody,” the child resides with that parent. The court may issue orders allowing visitation to the parent who does not have physical custody. If the parents have “joint physical custody,” then the child resides with both of them, though parenting time may not be equal. A schedule is arranged to define each parent’s share of time.
If a parent has “sole legal custody,” that parent has the exclusive right and responsibility to make decisions about the child’s health, education, and welfare. If the parents are granted “joint legal custody,” both parents are legally entitled to share in major decisions about the child’s upbringing.
Various types of child custody arrangements can be assigned:
- A parent may have sole physical and sole legal custody
- One parent may have sole physical custody, but both parents share legal custody
- The parents may have joint physical and joint legal custody
- The parents may have joint physical custody while one has sole legal custody
The state does not presumptively favor any particular custody assignment or either parent. The state grants both the court and the family wide discretion to establish a parenting plan that serves the child’s best interests. Under California law, parents who cannot agree on a child custody agreement must participate in court-ordered mediation to try to resolve these issues. Of course, mediation is effective only if each party is willing to compromise. If one or both parties cannot do so, then litigation will be necessary.
California courts differ by county in terms of whether their mediators operate by confidential or recommending mediation. In confidential mediation counties, the sole purpose of mediation is to attempt to reach a full agreement on the child-related issues, such that the parties will not have to appear before a judge. The parties can also reach a partial agreement, resolving some issues together and leaving the rest for the judge.
In recommending mediation counties, the court will issue a temporary child custody order based on the mediator’s recommendations for any issues the parties cannot resolve. The court does not always adopt every recommendation, but judges commonly give weight to mediators’ recommendations. Both parents have a statutory right to a child custody trial, the result of which will be the issuance of permanent orders. It is in your best interest, and that of your children, for you to have an attorney to advise you during mediation and advocate for you during these adversarial court proceedings.
“Debra helped me with my child custody case last year and I could not have received better help or service. She personally attended to my case, sometimes rearranging her other obligations, to make sure my case was handled by her. Thanks to her my child is now thriving in my home. I highly recommend her services!”— C.T.
See more stories from families we’ve helped — read our client testimonials.
Our Experience in Numbers
At Schoenberg Family Law Group, P.C., our track record speaks for itself. For decades, families have trusted us to guide them through challenging, emotional, and contentious legal matters with skill, compassion, and perseverance.
- Over 200 years collective experience of family law practice
- Thousands of custody and child support cases handled by our attorneys
- Serving families across San Francisco and the Bay Area
- Recognized by Super Lawyers every year since 2008
These numbers reflect more than experience—they represent the trust our clients place in us as well as our unwavering commitment to superior client service and achieving the best possible results in every case we take on.
Knowledgeable Counsel And Effective Representation
Schoenberg Family Law Group, P.C. counsels parents focus on child custody arrangements that serve their children’s best interests. We also provide comprehensive trial experience in contested San Francisco child custody cases. We will advise you through the mediation process, work toward a fair and equitable custody agreement, and, if litigation becomes necessary, aggressively represent you at trial, with compassion for you and your children at the forefront.
Frequently Asked Questions
How is child custody determined in California?
Courts must prioritize the best interests of the child, considering factors like stability, safety, the child’s health, and each parent’s ability to meet their needs.
Can custody arrangements be changed after they’re finalized?
Yes. A significant change in circumstances that impacts the child’s well-being may justify modifying the custody order.
What factors influence child support calculations?
California’s guidelines consider both parents’ incomes, parenting time, and certain expenses such as healthcare or education.
What’s the difference between legal custody and physical custody?
Legal custody involves the right to make important decisions for the child, while physical custody determines where the child primarily lives. Except in rare cases, California courts favor some form of joint custody and the preservation of a consistent and meaningful relationship with both parents.
Can grandparents get visitation rights?
In certain situations, California law allows grandparents to request visitation if it benefits the child.
What happens if a parent fails to pay child support?
Nonpayment can lead to enforcement actions like wage garnishment, license suspension, or contempt of court proceedings.
Contact a Professional San Jose Child Custody Attorney Today
If you are experiencing issues or disputes regarding your child custody agreements, please contact the legal professionals at Schoenberg Family Law, P.C. today to discuss your case. For more than 35 years, we have provided advice and counsel for clients in San Jose and throughout Santa Clara County.
We understand how tumultuous and emotionally charged the custody process can be, and we do our best to act with your and your child’s welfare in mind. We are respectful of your needs and maintain an open line of communication to ensure there is full transparency on our end for peace of mind.
Please contact us online or call us at (669) 230-1304 for any questions regarding child custody or all other matters of San Jose family law.
