Common Child Custody Disputes In San Jose
Child custody proceedings in San Jose are among the most potentially contentious cases in the Santa Clara Courts. When determining what is right for their children, disputes between the parents are unfortunately common.
If you recently ended your relationship with the other parent, it is important to be aware of your rights regarding child custody. Our San Jose child custody lawyer explains some of the common problems you may encounter and how to protect your rights.
Child Custody Issues In San Jose That Often Arise
When it comes to child custody in San Jose, the California Civil Code generally encourages child time-sharing plans. Unless the other parent engages in behavior that puts the child at risk, you can expect that any custody arrangements will likely divide the child’s time between you and the other parent’s home.
Sharing custody can prove challenging at any time of the year, particularly if you and the other parent are not on good terms, but it is often especially difficult during the holidays. You, the other parent, and your families are all likely to want to spend as much time as possible with your child. Even if you have already have a child custody order in place, problems you may run into during this time include:
- Being late for pickups due to holiday traffic and attending different events;
- Scheduling conflicts, resulting in canceled plans or visits;
- Refusing to return the child at the appointed times, such as on the day of a holiday;
- Bad-mouthing you or your family to your child and blaming them for why you are not together;
- Using your child to relay messages, such as changes in upcoming plans;
- Trying to outdo you regarding gifts and celebrations to win favor with the child.
Protecting Your Parental Rights
If you are divorced or went through paternity proceedings, you may already have a child custody order in place through the Santa Clara County Family Court. If you are just starting child custody negotiations, you can request a temporary order. This is often the best way to protect your legal rights as a parent.
A Santa Clara County child custody order dictates each party’s rights regarding holiday arrangements, how to handle changes in plans, and ways to address any disputes that arise. Once an order is in place, both parties are required to follow it.
If the other parent refuses and continues to engage in the above or other bad behavior, document what happened and contact our San Jose child support lawyer immediately. We can request custody modifications and advise you on other legal actions to protect your rights.
Schedule A Consultation With Our San Jose Child Custody Lawyer Today
Child custody is a sensitive issue. To protect your child and your rights as a parent, get Argyris Mah, LLP on your side. Schedule a consultation today with our San Jose child custody lawyer to discuss your options.
Sources:
leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=8.&chapter=2.&part=2.&lawCode=FAM#:~:text=3040.,3080
santaclara.courts.ca.gov/divisions/family-division
