Custody, Visitation & Other Legal Assistance Areas of Child Custody Lawyer San Jose

by Kevin Bose Expert writer

Separation between two people who’re married or living together and share children addresses the question of responsibility of child being borne by them and in the manner in which it’s done. There’re many different scenarios that come up in marital or other separations involving child custody. In some cases the mother wants to keep custody but father contests it, in others it could be other way around. Many women seek child support from their ex which could be another point of contention. Child custody lawyer San Jose helps their client gain a reasonable legal ground for claiming or contesting child custody. They work along lines of federal, state, county-specific rules on custody physical, legal custody, visitation rights or modification of previous orders on these.

Custody

When people seek custody they could seek anyone, physical or legal custody of involved children. With legal custody the parent can take decisions for his child’s welfare, such as his education, stay, finances, medical or other decisions. A legal custody could be given to only one parents or shared jointly by both. Court or privately held mediation and mental-health assessment are factors influencing the decision over legal custody. Physical custody is given to parent who keeps the child to stay. Physical custody could also be jointly or in certain cases, alternately shared and this is different from visitation rights.

Reaching Agreement

Often it happens that parents don’t reach child-sharing agreement easily. Mediation helps in resolving issues. The parents can go for initial mediation in court or privately, filing the agreement only when it’s finalized. But one needs to remember if an individual or his sparring spouse fail to reach agreement through mediation, their case will then have to go in for child-custody assessment where a mental-health professional appointed by court or privately hired will investigate psychological health of both parents, child’s health and look into all issues of past and possibly future related to his welfare, safety, domestic violence etc. Recommendation of this professional at court will determine custody thereon. Unless it’s proved that visiting child will be detrimental to him court is generally quite flexible in permitting visitation.

Visitation

The child custody lawyer San Jose provides representation and preparation of application for visitation of minor children. Parent not having custody can also seek visitation rights for regular visits or special together-times on holidays, summer vacations etc. The California law usually works to support a frequent contact of child with both parents except in extraordinary situations where there’s possibility of violence, abuse or addiction issues affecting the child.

Get represented in gaining or challenging custody of minor children through services of a divorce and child custody lawyer.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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