Child Custody Attorney Information in San Jose

Legal & Physical Custody Under California Law

Legal custody concerns the authority to make important decisions about a child’s health, education, and welfare. Physical custody addresses where the child lives and how time with each parent is divided. Either form may be joint or sole, depending on the court order.

Joint physical custody gives each parent significant periods with the child, but it doesn’t require an equal 50/50 schedule. California law establishes no preference or presumption for or against joint or sole arrangements.

California’s Best-Interest Factors

California courts base custody and visitation decisions on the child’s best interests. Family Code Section 3011 requires consideration of the child’s health, safety, and welfare.

Courts must also consider:

• A history of abuse by a parent or person seeking custody against the child, the other parent, or certain other people.
• The nature and amount of the child’s contact with both parents.
• Habitual or continual illegal drug use or alcohol abuse by either parent.

Family Code Section 3040 also directs courts to consider which parent is more likely to permit frequent and continuing contact with the other parent. A parent’s sex, gender identity, gender expression, or sexual orientation can’t influence the determination.

Custody Mediation & Hearings

When parents disagree about custody or visitation, California law requires mediation before a judge hears a contested motion. Santa Clara County Family Court Services provides this mediation for families with an open family law or parentage case.

The county uses confidential, non-recommending mediation, so the mediator doesn’t make a recommendation to the court. Any issues that remain unresolved can proceed to a formal hearing.

At the hearing, each parent can present relevant information and proposed arrangements for the judge to consider. Depending on the circumstances, the judge may order a private child custody evaluation or appoint minor’s counsel, an attorney assigned to represent the child’s interests.

Domestic Violence, Substance Misuse & Child Safety

Parents raising concerns about abuse, illegal drug use, or alcohol abuse should be prepared to present clear, case-specific information supporting their requested custody or visitation terms.

Domestic violence restraining order proceedings can intersect with child custody disputes. The appropriate procedures and requests depend on the facts, existing orders, and immediate safety concerns.

Modifying Custody & Addressing Relocation

An existing order remains effective until the court changes or replaces it. A parent requesting a modification asks the court to determine whether a different arrangement serves the child’s best interests.

A proposed move can affect parenting time, school arrangements, transportation, and communication between the child and each parent. Parents may address relocation through an agreed parenting plan. If they disagree, the issue can proceed through a contested court process.

Preparing for Mediation or a Custody Hearing

A proposed parenting schedule should cover:

• The regular weekly schedule
• Holidays and school breaks
• Exchanges between parents
• Communication between each parent and the child

School, health care, and previous parenting records can help explain the child’s circumstances and the arrangement followed in practice.

Family Court Services mediation in Santa Clara County is free. However, failing to attend or cancelling less than 48 hours before a scheduled mediation appointment is subject to a $100 fee. Parents should confirm the appointment details and identify the specific issues they want to address.