San Jose Child Custody Lawyer

Custody, Visitation Parenting Issues

When a couple divorces, undergoes a legal separation, or issues of paternity arise, child custody cases can be some of the most difficult and emotionally draining. At the Law Offices of Rod Firoozye, we understand how challenging these situations are and hope to offer our support and legal guidance so that you can achieve the case outcome you desire. Our team of experienced San Jose child custody lawyers is here to assist you through every step of the process.

When it comes to children, you require the services of attorneys who can understand what you are experiencing, both as a legal matter and emotionally. Many custody cases become emotionally difficult for both the parents and the children. We understand how important your children are to you and can relate to the issues you face. We strive to protect your rights as a parent and protect your children’s rights.

With nearly 30 years of experience in law practice, the attorneys at the Law Offices of Rod Firoozye are here to help you and protect your rights as a San Jose parent. Whatever your child custody case may entail, we are here to offer support and assist you in navigating the complex legal landscape often involved in these delicate situations.

Forms of Child Custody Available in San Jose, California

When a couple is undergoing a divorce or legal separation, they will need to reach an agreement on the issue of child custody. In situations where the couple cannot reach an arrangement on their own, they will need to go before a judge who will take several factors into consideration and make this determination for the couple. These situations can be frightening, and you need the legal support and counsel of a skilled and experienced family law attorney.

When making their determination, the judge will take into account factors that they believe will decide what is in the best interests of the child. In California, there are two main forms of child custody, each with its own subcategory. These forms of custody are:

• Legal custody. This form of custody allows the awarded parent or parents to make decisions for their child’s upbringing, including on topics such as the child’s education, healthcare or medical care, and their religious practices. In San Jose, there are two forms that legal custody can take. These include:
  • Joint custody. This form of legal custody allows both parents to make these decisions for their child in regard to their child’s well-being and raising.
  • Sole custody. This form of custody is awarded to only one parent, and this parent is the only one who is allowed to make important decisions regarding the life of their child.
• Physical custody. This form of custody refers to where the child will primarily reside a majority of the time and with which parent. This form of custody can be broken down further into the following two types:
  • Joint custody. This form of physical custody allows both parents to share physical custody of the child. However, it is important to note that the time split between the parents’ individual households will most likely not equal a perfect 50/50 split.
  • Sole custody. In these scenarios, only one parent will be awarded physical custody and the responsibilities that come along with it. The other parent may still be able to receive visitation rights, but that will be decided on a case-by-case basis which is one of the many reasons why having an attorney on your side can be so important.

Once custody has been agreed upon or determined by a judge, a visitation schedule may be required in order to account for the rights of the noncustodial parent. In these situations, there may need to be negotiations on the creation of the schedule itself to ensure that the needs of the children and your interests as the noncustodial parent, if such is the case, are addressed.

In cases where the judge believes the noncustodial parent is a threat to their child, they may order supervised visitation only. In these cases, the noncustodial parent can only spend time with their child when that time is supervised by the custodial parent, another trusted adult individual, or an agent of a certain organization, such as Child Protective Services.

The Law Offices of Rod Firoozye: Protecting Your Rights as a California Parent

For nearly three decades, the team at the Law Offices of Rod Firoozye has been assisting individuals through a wide range of family law issues, including that of child custody in San Jose. We understand the delicacy with which these cases need to be treated and are ready to fight for and protect your rights as a parent in the state of California. With our deep understanding of the applicable laws, we can work to ensure you receive a positive case outcome when possible.

We can fight for your rights as a parent by demonstrating your ability to act in the best interests of your child and care for them and their unique needs in a loving and responsible manner.

Having extensive experience handling complex custody and visitation issues, we also understand when further assistance may be needed from other resources, such as outside experts. Whether it is a dispute over which school a child should go to, the specific visitation schedule, or specific parenting matters we can provide advice and solutions to resolve such issues.

Factors Considered When Determining the Best Interests of a Child

When the parents of a child cannot come to an agreement regarding the custody of their child following a divorce, legal separation, or issue of paternity, it will be up to a judge to make this ruling for them. In these situations, the judge will take several factors into consideration in order to determine what they believe to be in the best interests of the child. These factors can include:

• The health, safety, and overall well-being of the child.
• Any history of domestic violence on the part of either parent.
• Any history of substance abuse on the part of either parent.
• The nature and amount of contact the child has with each parent.
• The child’s ties to their local school, community, and other family members in the area in which they currently reside.
• The ability of each parent to care for the needs of the child.
• The age and health of the child.

Speak With a Family Law Specialist Today

If you are dealing with a dispute regarding the custody of your child, the team at the Law Offices of Rod Firoozye is here to help. We understand how difficult these situations are, on both a legal and emotional level, and hope to offer our firm understanding of the surrounding law to offer you the confidence necessary to enter a courtroom during custody proceedings. You can trust us to ensure your interests are fought for and protected.

If you have any questions regarding our services, contact our offices today and schedule an initial consultation to see if we might be the right fit for you in a San Jose child custody battle.