San Jose Child Custody Lawyer

For effective legal advice regarding your child custody questions, contact a San Jose child custody attorney at our firm for a free one-hour consultation.

There are two types of child custody: legal custody and physical custody. Legal custody means a parent can fully participate in important decisions about a child's upbringing, including his or her education, medical treatment, and religious training. Physical custody refers to whom the child lives with.

California family law presumes the best interest of the child is served when parents share joint legal custody.

Joint legal custody may or may not involve joint physical custody (also called shared physical custody), in which the children's time is split between the two parents.

Physical custody agreements often involve children spending most of their time with the parent who has primary physical custody and visiting Practice Area the other parent regularly.

There is no preference regarding whether the mother or the father should receive primary physical custody. The best interests of the child are the primary concern.

If one parent has a history of domestic violence, or is a registered sex offender, or if other circumstances exist that may endanger the child's safety and wellbeing, the court may award the other parent or another person sole custody.

Move Away Issues
If you are a parent who plans to move away with your children, please contact our child custody attorneys before finalizing your plans. If changing your child's primary address interferes with his or her ability to have a continuing relationship with his or her other parent, you risk losing custody of your child.

It's important to note that a parent has a right to move anywhere he or she wants. However, those rights are superseded by the child's right to have an ongoing relationship with both parents.

Has your ex-spouse taken your child out of the area or out of the country? Contact Hoover & Bechtel, L.L.P. as soon as possible. The laws regarding move away issues are complex and constantly changing. You can rely on us for informed and effective representation in all child custody matters.

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With offices in San Jose, the child custody lawyers and family law attorneys of Hoover & Bechtel, L.L.P. serve clients throughout the South Bay / Silicon Valley area, including the communities of Campbell, Cupertino, Los Gatos, Saratoga, Sunnyvale, Mountain View, Fremont, Milpitas, Palo Alto, Gilroy, Morgan Hill, Santa Cruz, Los Altos, California, and the residents of the eleven counties including Santa Clara County, Monterey County, Alameda County, and Contra Costa County.

Hoover & Bechel, LLP | 1570 The Alameda, Suite 101 | San Jose, CA 95126