Child Custody and Visitation
A child custody proceeding can arise in a divorce or in a case in which one parent or the other wants to establish parental rights and obligations. For many parents, child custody cases are full of emotion and stress. San Jose child custody lawyer Elainie Honjas understands the challenges that you are facing and is ready to help you pursue the outcome that you need. She can help you set up a custody arrangement or request a modification if it proves necessary.Child Custody in California
There are many decisions that parents must make when it comes to creating a child custody plan. Sometimes the parents develop a plan in the context of a divorce proceeding, in which it is resolved together with other issues, such as child support and property division. If the parents are not married but no longer maintain a relationship or reside together, the court will need to complete a parentage proceeding. This is designed to establish that both parties are the biological or legal parents of the child in question.
A parenting plan will be created based on several factors that seek to ensure that the child’s basic needs are addressed, including adequate health, a good diet, plenty of sleep, and love, protection, and guidance. The court urges parents to think about the individual needs and characteristics of each child, such as their personalities, interests, experiences, and abilities, when proposing a parenting plan to the court. The court will try to achieve a consistent and reliable schedule for the child so that they can maintain some sense of a routine and stability. The plan must be clear and easy to understand, and it must account for the children’s regular activities, such as school holidays and extracurricular activities. A child custody attorney can help San Jose residents make sure that their plan is thorough and well-structured.
Ultimately, a parenting plan seeks to establish clear rules and policies regarding two key aspects of co-parenting. These are a schedule for when the child will spend time with each parent and a plan for how the parents will make decisions about key aspects of the child’s well-being, such as health and education. Traditionally, these aspects were known as physical custody and legal custody, respectively.
Except in situations in which domestic violence is involved, the parenting plan must include a few key provisions. Both parents must have the ability to call the child, and both parents are entitled to information about the child, including their school records and medical records. Each parent is entitled to have the address and contact information of the other parent as well.
Ideally, the parents should be able to communicate amicably with each other regarding the parenting plan, even if the divorce or relationship involves contentious issues. If they are unable to reach a mutually acceptable agreement, however, the court will decide the matter for them and issue an order. It is critical to retain a San Jose child custody attorney if the court must decide your custody arrangement. Your attorney can present your arguments for your desired arrangement in a manner that will be persuasive to a judge.
As part of the custody hearing, the court may also consider child support payments if the parenting plan results in one parent taking care of a child to a greater degree than the other parent. There are several factors that are involved in a child support determination, including the financial means of each party.Meet with a Diligent Family Law Attorney
Attorney Elainie Honjas has handled child custody cases throughout the Bay Area, including in San Jose, Santa Clara, Redwood City, San Mateo, Fremont, and Hayward. We know how important it is to protect your rights in a family law proceeding. We offer a consultation so that you can learn more about how Attorney Honjas can assist you with a child custody arrangement. Call us at (408) 292-4849 or contact us online to speak with a child custody lawyer in the San Jose area.