Our office represents clients located in the San Jose, Santa Clara County, California area requiring assistance and advice in family law matters relating to child custody and visitation.

Just as is true for child support proceedings, in any divorce (dissolution of marriage), dissolution of a domestic partnership, legal separation, parental relationship case, or often In a domestic violence proceeding, a court will make orders regarding child custody and visitation. If the parents do not agree on how custody and time with the children should be shared, it is up to a judge to make decisions for the parents that can affect their lives and the lives of their children on a short-term or long-term basis.

Most people who are ending a relationship when there are children involved inevitably do not agree 100% of the time on how the children should be raised. When the parents initiate or participate in a court proceeding and cannot agree, they must first go through a process of mediation with a trained court mediator. In Santa Clara County, the mediation process does not result in a recommendation to the court that becomes an order immediately, unless the parents and their attorneys choose to do so. Generally, if the parents made an agreement in mediation it is memorialized as a recommended order, sent out to the parents and attorneys, and becomes a court order only if not objected to within a certain period of time. Other courts in other counties do things differently, so it is a good idea to speak to an attorney who is familiar with the process in the city where your court case is being contested.

There is a complex path that follows in court if mediation is unsuccessful and, again, each county has a unique system in place that requires careful navigation. Although most custody and visitation cases do not end up in a trial, it is important to prepare carefully for that possibility right from the outset. Having the support of an experienced attorney like Ernest can help you manage your case effectively and assist in negotiating the complicated legal procedures you must face.

Give us a call today to find out how best to handle either starting or continuing in a court proceeding that involves child custody and visitation. Our goal is to work toward a fair resolution of your concerns, with a very responsive, compassionate and competent approach to the process, whether in court or negotiated outside court. We are as aggressive as necessary but we have a firm commitment not to over-litigate our clients' cases and do as much as possible to seek an early, equitable conclusion in all matters.

Contact us online or call us at (408) 279-1100 to set up a free phone consultation to learn more about your child custody and visitation options.