Divorce is one of the most difficult and stressful life events, especially when there are children in the marriage. As is the case in San Jose, knowledge of issues of child custody and support is critical when going through this intolerably painful period.
In this post, we will discuss some of the legal matters and tips that enable parents to make good decisions for their children’s future. So make sure to make it to the end of this article, as we will brief you on some of the critical aspects of child custody and support you can get in San Jose.
An Overview of Child Custody Laws in San Jose
One of the biggest decisions that parents make, especially when going through a divorce, is who will take care of the children.
Throughout this process, a couple may feel overwhelmed with emotions; however, by familiarizing themselves with the kinds of custody and the circumstances that may enter into a court’s deliberation, at least some stress can be relieved.
Types of Child Custody
To understand what you are going to deal with, here are some of the factors that need to be accounted for regarding the types of child custody:
· Legal Custody
Legal custody relates to authoritative choices about a child’s life, such as where he or she will go to school, what doctor they will attend, and what religion to adopt. Legal custody can further be split as:
Joint Legal Custody: The decision is molded by both parents.
Sole Legal Custody: Sometimes, one parent has the legal authority to decide about the Child.
· Physical Custody
Next, we have physical custody. It deals with issues like where the Child resides and who has the authority to care for the Child regularly. Physical custody can yet again be split as:
Joint Physical Custody: The Child spends considerable time with both parents in their homes.
Sole Physical Custody: Some children reside with one parent while the other has a chance to see the Child, either through visitation or not.
Factors Influencing Custody Decisions
There are also other factors you need to take into account while you are deciding:
· The age and general health of the Child
While the younger children will be more comfortable getting used to the change and may require more stability, the older children will have their own preferences.
· Emotional Ties
In this case, the court seeks to determine the extent of affection the Child has for each parent.
· Parenting Ability
The extent to which each parent can attend to the child’s needs.
· Family Violence Profile/Background or Substance Abuse
If there has been a history of abuse or substance problems in the past, this could significantly affect the parents’ custody arrangements. In such cases, the matter has to go to a professional San Jose divorce attorney.
· Co-Parenting Cooperation
Each parent’s readiness and capability to support the recommendations that represent the basic principles of shared parenting.
Child Support in San Jose
Child support is a legal financial responsibility that helps to provide for the needs of the Child in the event of a divorce.
Child support in San Jose is calculated according to the guidelines provided for the whole state and takes several factors into account.
· Parents’ Income
Both parents ‘income is considered when determining how much child support is required.
· Duration of Interactions with the Child
How frequently a parent visits the Child can also influence the support determination, that is, whether the parent spends more time with the Child than the other or otherwise.
· Proportion of Time That Each Parent Gets to Spend with the Child
This means that the custody arrangement also determines how the two parents split the financial liabilities.
· Other Financial Obligations
For example, whether or not you transferred rights and obligations related to alimony or other children from prior marriages.
The parents can use the California Guideline Child Support Calculator online to determine the approximate amount of child support.
Practical Advice for Parents
Parents need to have healthy communication since they have to co-parent their children after a separation. Keeping the Child’s best interests in mind, parents should strive to
Moreover, we recommend that one party brief the other whenever there are changes or new plans. Do not let the Child engage in a disagreement,; if there is, try to settle the quarrel immediately. As it relates to the Child, make necessary changes in those plans to fit the Child’s schedule.
Conclusion
Child custody and support are significant factors that are usually addressed by San Jose divorce attorney. Parents need to be aware of the legal requirements and measures that can be taken to deal with these issues. To keep a child secure and comfortable during and after divorce, parents should act in the child’s best interest, stay connected express themselves clearly, and consult a lawyer when needed.
As discussed earlier, understanding child custody and support in San Jose is not a simple issue but should be approached strategically and proactively. What is essential for parents to do is to stay informed and seek the help of the right people so that the decisions that are arrived at are in the best interest of the children and are likely to open the way for a much healthier family for the children after the divorce.
