Child Custody & Visitation

San Jose Child Custody Attorney

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Myth: Moms always get primary custody of the children.

Fact: This is not the case. During a child's infancy, our lawyers seek brief but frequent visits for the fathers we represent. As the child gets older, visitation should increase and be extended. Our lawyers always look for joint custody of children unless there is an issue of drugs, alcohol, abuse, or other reasons for granting sole custody to the other parent. Custody, visitation, and support orders or agreements can be modified when circumstances change.

If you have children, child custody is probably the most important issue to be decided in your divorce. At The Law Office of Patricia M. McKinnie in San Jose, California, our lawyers spend a great deal of time guiding our clients through the child custody process to ensure they understand it.

There are two kinds of child custody in California.

• Legal custody is the right to make decisions regarding medical care, school, religion and other important issues. Legal custody is shared in most cases.
• In most cases, physical custody is shared. One parent may have primary physical custody (meaning that the child will live with him or her most of the time) while the other parent will have visitation.

California uses the best interests of the child to determine child custody issues. If there is an issue involving child custody and visitation in your divorce, California courts will initially order orientation and mediation sessions. While this is a court process, your lawyer has a role in guiding you through it. During these sessions, you and the other parent can learn how to communicate about divorce/separation issues without involving your children.

Our approach as lawyers is to try and settle child custody cases rather than litigate them. To protect your rights as a parent, sometimes it is necessary to proceed with the court process to protect the interests of your child.

Did you know?

• Child custody arrangements can be modified later on based on changes of circumstances of the parties.
• If you are unmarried, you can still have visitation rights, which can be addressed in family court.
• Grandparents, in most cases, have no legal standing to demand visitation rights in California. However, parents can provide for grandparent visitation in their child custody agreement.

Free Consultation: San Jose attorney Patricia M. McKinnie offers a free initial consultation up to thirty minutes to discuss your child custody matter.