in a statewide poll limited to Judges, Attorneys, and Law Firm Administrators.
Request a ConsultationChild 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 Jose Child Custody Lawyers can make a significant difference in the challenging and emotional custody process.
With nearly 40 years representing parents across San Jose and Santa Clara County, Certified Family Law Specialist Debra R. Schoenberg and her team bring unmatched depth in California custody law and a clear understanding of local court procedures.
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 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.
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:
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.
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:
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.
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.
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.
Choosing the right legal advocate can define the outcome of a custody case. Our firm stands apart for specialization, courtroom experience, local insight, and client relationships built on trust, compassion, and communication.
Schoenberg Family Law Group, P.C. counsels parents to focus on child custody arrangements that serve their children’s best interests. We also provide comprehensive trial experience in contested San Jose 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.
Our legal team can also help you resolve other aspects of custody and visitation, including “move-away” cases; modification of custody orders; establishment or modification of parenting plans; establishment, enforcement, or modification of visitation rights; and interstate and international custody disputes. Our exclusive focus on family law in San Jose, Alameda, Contra Costa, San Mateo, Santa Clara, and the greater Bay Area, together with decades of experience handling custody and visitation matters, gives us the insight, expertise, and care necessary to represent you in these very consequential matters. We advocate for your parental rights while safeguarding your child’s health, safety, security, stability, and happiness.
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 nearly 40 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.
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If the courts believe substance abuse will impede a parent’s ability to care for a child, they may not grant that parent custody. The parent might only be able to visit with the child under supervision. The courts may reevaluate the situation and change a custody or visitation order in the future if the parent can prove he or she has received treatment or is enrolled in a rehabilitation or counseling program.
In a situation where the courts have already granted one parent custody or shared custody, and that parent begins abusing a substance, the other parent can request a modification of the custody agreement. The courts will investigate to determine if the allegations are valid. If so, a judge might alter a custody or visitation agreement to restrict the parent’s contact with the child until the parent can prove he or she is in recovery. A parent with an addiction may still have the right to supervised visitation. Each case is unique." } },{ "@type": "Question", "name": "Why Choose Us?", "acceptedAnswer": { "@type": "Answer", "text": "The experienced lawyers of Schoenberg Family Law, P.C. advise residents of San Jose and surrounding cities in Santa Clara County. We understand that cases involving custody can be highly contentious, so we approach all proceedings with open communication and transparency in mind. We assist those in the separation process with all custody-related issues, including:
Evaluations of custody rights Visitation rights Paternity disputes, including DNA testing Child support Parental alienation Parent relocations Child abductions
We want the best outcomes for both you and your children, ensuring their health and safety are prioritized above everything else." } }] }
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
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.
Yes. A significant change in circumstances that impacts the child’s well-being may justify modifying the custody order.
California’s guidelines consider both parents’ incomes, parenting time, and certain expenses such as healthcare or education.
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.
In certain situations, California law allows grandparents to request visitation if it benefits the child.
Nonpayment can lead to enforcement actions like wage garnishment, license suspension, or contempt of court proceedings.