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Common San Jose Child Custody Questions

Child custody can be one of the most complicated parts of a divorce. The courts require a custody and visitation agreement, which is a written document that outlines your child’s living situation, factors associated with visitation, and each parent’s role in making significant decisions for a child. Once this decision has been made, it becomes legally binding.

San Jose child custody lawyer Madan Ahluwalia of Ahluwalia Law is here to help you through the process of evaluating your child custody and visitation situation, and answer any questions you may have about child custody issues.

Who gets custody of the children?

The state of California orders joint custody of children, unless there are significant factors not to. There is no preference given to the mother or the father. There are times in which joint custody may mean that one parent may only see their child once a month. The courts prefer the child’s parents to negotiate an arrangement on their own, but there are situations in which a resolution cannot be reached. In these situations, the courts will get involved, and it would be in your best interest to have a child custody attorney.

How do the courts determine child custody?

Our San Jose child custody lawyer will help you decide if you want to develop a joint arrangement with the other parent. However, if you cannot reach an agreement, then the judge will determine primary physical custody based on an evaluation process. The courts will look at several factors that could impact the child’s best interest, including:

  • Emotional bond between child and parent
  • Any signs of domestic abuse
  • Child’s opinion, if the child is old enough
  • Physical location of parents
  • Lifestyle of parents

Often the evaluation process can take up to a year. Our child custody lawyer seeks to establish custody orders with minimal damage to children.

San Jose Child Custody Attorney

To learn more about child custody in San Jose, please call San Jose family law attorney Madan Ahluwalia of Ahluwalia Law P.C. (408) 416-3149 or contact us online today.