Experienced Child Custody Lawyers in Sunnyvale, CA
Child custody and visitation decisions are among the most crucial and delicate aspects of family law, with profound impacts for both parents and children in a Sunnyvale divorce. Engaging a skilled Sunnyvale child custody lawyer is essential to navigating these complex issues effectively and achieving the best outcomes for your family.
California courts must always prioritize the child’s best interests, but parental disagreement in these very emotional matters can lead to contentious litigation. If you face a custody dispute or divorce in Sunnyvale, contact Schoenberg Family Law Group, P.C., immediately. Our experienced and compassionate family law attorneys understand the seriousness of your situation. We provide the attentive, sensitive, highly personalized legal guidance you need to feel calm and confident throughout your custody proceedings.
Why Choose Schoenberg Family Law, P.C.?
We offer skilled and empathetic representation in all child custody issues. While we strive for amicable solutions, we are strong litigators, prepared to fight for your rights and your child’s well-being in court when necessary. Our dedicated child custody lawyers serve Sunnyvale and Santa Clara County, assisting clients with custody evaluations, visitation rights, paternity disputes, child support, parental alienation, relocation, and abduction issues.
Prioritizing your children’s health and safety above all, we handle even the most complex and contentious cases. We excel at devising creative solutions to difficult problems. Our client relationships are based on trust, transparency, and thorough communication.
Understanding Child Custody in Sunnyvale, California
California distinguishes between physical and legal custody. Physical custody determines where children reside, while legal custody involves decision-making power regarding their health, education, and welfare. Either or both forms of custody may be granted to one parent, or shared between co-parents. Except in rare cases, the court assumes that the best interests of the child are served by the ongoing and meaningful involvement of both parents.
Physical and Legal Custody: Defining Parental Roles
Physical custody determines which parent the child lives with. Unless there are serious safety concerns, courts aim for children to spend time with both parents, dividing physical custody post-divorce. Arrangements vary, and may or may not split time evenly, for example, weekend-only custody for one parent.
Legal custody grants authority for critical decisions, such as school and religious choices.
Courts encourage parents to collaboratively reach an agreement about physical and legal custody, devising a customized parenting plan for the judge to sign. If the parents cannot agree, the court will order mediation. If no resolution is reached, the court will make custody decisions based on the best interests standards.
Visitation Orders and Rights: Maintaining Parent-Child Bonds
Most Sunnyvale custody agreements include visitation rights for the noncustodial parent, either on a specified schedule or based on reasonable guidelines. Scheduled visitation provides stability and helps avoid conflict, detailing dates and times for visits, including holidays and vacations. Reasonable visitation is more flexible, requiring parental cooperation.
Child Abuse/Supervised Visitation: Protecting Children’s Well-Being
Visitation may be denied if parental contact poses a risk to the child. In cases of abuse allegations, supervised visitation—involving another adult or agency—may be ordered, allowing safe and gradual parent-child reintroduction. Supervised schedules are typically court-assigned.
Parental Substance Abuse: Its Impact on Custody Decisions
A history of substance abuse may affect custody decisions. Courts assess whether it impairs parental care or increases abuse risks. Parents with a history of drug or alcohol abuse may face drug tests, recovery programs, or professional evaluations.
If a parent’s substance abuse problems disrupt proper care of the child, custody may be denied or limited to supervised visits. Parents can seek custody modification if the other parent starts abusing substances at some point after the initial order.
Custody Agreements in Domestic Partnerships: Ensuring Parental Rights
Domestic partners have parental rights if the child was born or adopted during the partnership. Custody agreements for domestic partners follow similar procedures to those in divorces. Non-legal parents may need to negotiate agreements with legal parents.
Child Custody Agreements With Young Children: Prioritizing Stability
As part of the best interests standard, courts consider the age and needs of the child. Custody for infants and toddlers will involve special factors such as breastfeeding and sleep schedules.
Courts encourage parents to create a practical and sustainable agreement through mediation and professional guidance. Parenting plans should provide predictable schedules and consistent contact with both parents, adapting as the child grows.
Custody Mediation Process: Facilitating Agreement and Reducing Conflict
Mediation involves parents, attorneys, and a neutral mediator. The goal of mediation is effective compromise—working together to create a custom parenting plan while avoiding court intervention. Successfully mediated agreements typically get judicial approval and the parenting plan becomes a court order.
Coming to a Child Custody Agreement: Seeking Consensus and Resolution
Parental disagreement necessitates mediation. If unresolved, a judge decides. Schoenberg Family Law Group, P.C., provides counsel throughout mediation, prioritizing your children’s best interests and protecting your parental rights.
Contact Our Sunnyvale Child Custody Attorneys Today
The team at Schoenberg Family Law Group, P.C., offers superior client service and expert legal counsel in Sunnyvale and Santa Clara County. We understand the critical importance as well as the logistical and emotional challenges of custody disputes. We are committed to achieving positive solutions for your family, and protecting your child from harmful conflict. Contact us by submitting the contact form below or call (669) 230-1304 for expert assistance.
