Child Custody and Visitation

Child Custody and Visitation

If you are looking for a San Jose child custody or visitation attorney then you are experiencing one of life’s most stressful situations — the possibility that you may not be able to see your children as often as you deserve.

At Lonich Patton Ehrlich Policastri, we understand how important family is. Knowing that you may not be able to spend time with your children is a stressful process and can take an emotional toll on a parent during an already trying time.

An unfavorable outcome for you could not only mean the loss of irreplaceable time with your children but will also cost you tens of thousands of dollars in child support — money that you have no control over how it is spent or who it is spent on.

LPEP has a strong reputation in San Jose and Santa Clara for helping families with child custody cases. Our team of experienced and compassionate child visitation lawyers can help you navigate the stresses of child custody litigation, save you money in custody fees, and help you understand your rights as a parent.

Our first piece of advice to you — educate yourself on your visitation rights as a parent.

A father in San Jose plays with his child thanks to child visitation lawyers and their hard work.

Myths and Facts of Child Custody Litigation in California

Child custody litigation is complex and specific to each situation —and unfortunately, there is abundant false information regarding parental visitation rights.

At LPEP, we want you to have accurate information regarding your parental rights. This is why our team of experienced child custody attorneys created the Myths and Facts PDF of child custody litigation.

This free download will shed light on your parental rights and will have reliable information regarding specific and complex child custody cases. The Myths and Facts Download includes factual information on California Law regarding:

  • The power of your children’s preference for custody
  • How joint custody affects child support
  • Your rights in obtaining delinquent child support
  • Your rights for when you suspect another parent of parental alienation
  • How gender affects custody decisions

For example, many people believe that gender affects the judge’s decision when granting custody when in fact it is actually illegal in California for a judge to prefer one parent over another based on their gender. This means that fathers should not give up the fight based solely on their gender and women should not think that preparing a strong case is unnecessary.

Factors that judges legally can and do consider when granting custody are:

  • The parents’ living situations: including, the location and safeness of their homes, the comfort level of the homes for the children, and other roommates that the parents may have
  • The parents’ past behavior: including, past criminal charges, drug and alcohol abuse, domestic violence accusations, and prominence in their children’s lives before the divorce or separation
  • The parents’ mental and physical health
  • A history of parental abuse or neglect
  • The parents’ ability to provide their children with basic life necessities such as food, shelter, clothing, transportation, and school supplies
  • The age of the children, for example, younger children may need a parent who does not work as often, but teenagers do not need as much supervision
  • The physical health of the children in cases in which the children need extra physical or medical care and one parent is more skilled at providing that than the other
  • The parents’ willingness to work with the other parent

Your children deserve a parent who is fully informed. By educating yourself on child litigation, you will increase the likelihood of giving your children an outcome that is in their best interest.

Without proper education, you may end up giving up early in the fight for child visitation rights, may not know when to file for court orders regarding drug and alcohol testing, or may end up falsely believing that you will win the custody rights without proper preparation.

Free Download: Child Custody Myths vs. Facts

What Every Parent Should Know

With so much information regarding child custody cases, it is easy to get lost in the lawyer jargon. While it is advised that every parent hire an experienced child custody attorney to educate them, it helps to know a few basic terms related to child custody decisions.

There are two types of custody — legal custody and physical custody. It is important that parents understand the differences between the two so that they can be properly informed during their fight for visitation rights.

Legal custody refers to the adult who controls the decision-making process for their children’s lives. Legal custody will either be granted as sole legal custody, which means that one adult controls the decision making, or, joint legal custody, which means that two adults share the decision-making rights and have input on important decisions.

Physical custody refers to the adult responsible for providing the main shelter for the children and who spends the most amount of time with them. Again, physical custody will either be decided as sole or joint physical custody.

Sole physical custody refers to situations in which one adult has primary custody. In sole physical custody, the children will spend more than 50 percent of their time living with the primary adult. In situations with sole custody, the other parent may be granted frequent visitation rights if they can provide a safe and hospitable home.

While sole custody is logistically easier on the children (since they have a main home in which they keep most of their belongings) it is often difficult for them emotionally since they will not see one parent as often as the other.

This is why some parents opt for joint physical custody, which means that the children are required to spend equal time with both adults. The reality often is, however, that the child may spend slightly more time with one parent over the other due to logistics and school schedules. 

Adults who share physical custody should be able to have a communicative and somewhat healthy relationship, which is often difficult soon after a divorce. This will make scheduling visits during holidays and birthdays easier for the family when both parents have equal custody and visitation rights.

For parents fighting for custody or child visitation rights, it is common to have clouded judgment. Some parents find it difficult to comprehend the reality of the situation and may want a plan that, in reality, places extreme stress on a child due to them having to balance a confusing schedule. 

This is why it is highly advised to speak with reputable child visitation lawyers such as our team of San Jose based child custody lawyers.  Assure your children will receive an outcome that is in their best interests as Lonich Patton Ehrlich Policastri work on a feasible solution.

Two adults who are working with child custody attorneys hold a baby's hand.

Understanding Complex Child Custody Cases

Child custody cases are delicate scenarios, and the laws regarding child custody litigation are intricate and specific to the variety of situations children face. 

Though determining custody between two loving and capable parents is never simple, there are factors that make the litigation significantly more complicated.

Factors that complicate child custody and visitation decisions include:

  • Cases involving allegations of drug and alcohol abuse
  • Cases involving child neglect, abuse, or molestation
  • Cases involving domestic violence
  • Cases in which one parent moves to another city that is too far for frequent visitation (Learn more about parental relocations) 
  • Cases in which one parent is from or lives in a different country
  • Situations in which one parent had custody revoked
  • Situations in which one parent has been incarcerated
  • Situations in which one or more parents has a history of mental illnesses

If you are dealing with one of the aforementioned scenarios, it is especially important to educate yourself and invest in a reputable child custody attorney so that you can ensure that your child has a safe home.

Our child visitation lawyers routinely represent men and women dealing with complex child custody disputes. We vigorously seek orders intended to protect children from parental abuse and addiction and our child custody attorneys have strong results when fighting for:

  • Parental drug and alcohol testing
  • Parenting and anger management classes
  • Supervised visitation
  • Sole custody rights when one parent is incapable of providing a stable and safe home environment

Whether you are a parent fighting to protect their child from potential abuse or neglect, or a recovering parent who has turned their life around, our number one priority is providing a safe and loving home for your child.

Why Choose LPEP to Fight for Your Child Visitation Rights?

Our child custody attorneys in San Jose are experienced in handling complex child custody matters. We recognize that child custody decisions have a lasting effect on many of the other issues involved in a divorce, including child support, spousal support, and the division of property

Our attorneys care about our clients’ needs, take the time to understand their objectives, and provide strong representation in a timely manner.

This is why we make it our goal to work closely with our clients before, during, and after their divorce to protect the interests of their children.

Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. Our firm is currently offering our services to people who reside in San Jose, Santa Clara and surrounding areas.

Free Download: Child Custody Myths vs. Facts

Simply fill out this form to get your download.

Learn the facts about child custody in the Bay area from an experienced child custody attorney.

Learn the facts about child custody in the Bay area from an experienced child custody attorney.

Free Download: Child Custody Myths vs. Facts

Simply fill out this form to get your download.