Call us now or use the form below.Frequently Asked Questions about Child Custody and VisitationQ: What is the difference between legal and physical custody? A: Physical custody refers to where the child lives and who has responsibilities associated with daily childcare. Legal custody is the decision-making responsibilities associated with the education, healthcare and religious upbringing of a child. Q: When parents fight over custody, how does the court decide? A: The typical standard is the best interests of the child. Each state has specific guidelines, but the court usually takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker, the parenting abilities of each parent and whether there is a history of abuse. |
|
More than 1 million children experience parental divorce each year in the United States. |
Few family law issues are as complex and emotionally charged as child custody and visitation issues. An attorney like Sandra McManus, however, can help custody and visitation issues go along smoothly, creating the best possible arrangement for children. In this Web site’s Custody and Visitation practice page, we discuss what our law firm can do for you. The information that follows is intended to provide you with a general overview of custody and visitation law. Please read it carefully; for the sake of your children, it is important to be well-informed.
At this point, you may have questions about your specific situation. Please feel free to contact us to set up a free half-hour initial consultation with our lawyer. Our clients range from throughout Santa Clara County, CA including, but not limited to, San Jose, Saratoga, Cupertino, Mountain View, Sunnyvale, Los Gatos, and Campbell.
Experienced, Compassionate Santa Clara County Family Law Attorney
Law Offices of Sandra J. McManus
31 E. Julian Street
San Jose, CA 95112
Phone: (408) 293-6383
Fax: (408) 292-8522
Email
Child Custody and Visitation - An Overview
The resolution of child custody and visitation disputes requires divorcing parents to act rationally in their child's best interests at a time when they are facing the overwhelming stress of divorce. Joint custody and sole custody, legal custody and physical custody, custody evaluations and modifications are terms with which a divorcing parent will become familiar. Knowledgeable advice and skilled representation from an experienced family law attorney can assist you in your pursuit of a fair custody arrangement.
Creating Parenting Plans that Work
A parenting plan is an agreement that outlines a child custody arrangement. It takes into account arrangements such as who has the children on which days, who makes major decisions about matters such as the children's education and health, and what to do if any parent's situation significantly changes. Parents who agree on a parenting plan rather than let the court decide are often more likely to comply with custody arrangements.
Divorce Education
The ongoing health and mental well-being of children during divorce often depends upon how their parents interact following the decision to end the marriage. An experienced family law attorney can inform, guide and support you throughout the divorce and custody process.
Custody and Visitation Do's and Don'ts
One thing divorce does not change is your being a parent. Whether you develop a traditional visitation schedule or a flexible co-parenting plan, whether the arrangement is temporary or permanent, you can help make the time you spend with your children happy and productive. When questions regarding custody and visitation arise, an experienced family law attorney is the ideal source for competent counsel.
Custody Evaluations: What You Should Know
If you and your former spouse have been unable to reach an agreement regarding child custody, the family court judge deciding your case may order a custody evaluation. A custody evaluation is a process in which a mental health professional, usually a psychologist, evaluates you, your children and your children's other parent in order to make a custody and visitation recommendation to the court. Courts tend to give considerable weight to the recommendations of the evaluator. A family law attorney can explain custody evaluations and answer your child custody questions.
Child Custody and Visitation Resource Links
Family Law in the 50 States
U.S. State Department: International Child Abduction
Children's Rights Council
Office of Child Support and Enforcement
National Electronic Child Support Resource System (NECSRS)
|
