San Jose Child Custody Lawyer, California

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Includes: Guardianships & Conservatorships, Custody & Visitation

Diego  MacWilliam Lawyer

Diego MacWilliam

VERIFIED
Divorce & Family Law, Custody & Visitation, Child Support, Alimony & Spousal Support, Prenuptial Agreements

The Law Office of Diego F. MacWilliam has been in practice throughout the San Francisco Bay Area for over 20 years. The firm handles divorce, legal s... (more)

FREE CONSULTATION 

CONTACT

800-735-1570

Sanjay  Bhardwaj Lawyer

Sanjay Bhardwaj

VERIFIED
Intellectual Property, Patent, Custody & Visitation, Alimony & Spousal Support, Child Support

Mr. Bhardwaj proudly represents clients who are seeking Intellectual Property assistance with Patents, Trademarks and Copyrights. While specializing i... (more)

FREE CONSULTATION 

CONTACT

800-749-2430

Kevin David Flynn Lawyer

Kevin David Flynn

VERIFIED
Divorce & Family Law, Family Law, Child Custody, Child Support, Divorce

Lawyer.com Member Questionnaire Please describe a case(s) in the last year or two where you made a big difference. My client and I prevailed in ... (more)

Ivette M. Santaella Lawyer

Ivette M. Santaella

VERIFIED
Estate, Business Organization, Guardianships & Conservatorships, Power of Attorney

Ivette M. Santaella has considerable experience in estate planning, elder law, Special Needs, trust administration, conservatorships, and nursing home... (more)

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Ethan M. Weisinger Lawyer

Ethan M. Weisinger

VERIFIED
Divorce & Family Law, Divorce, Family Law, Child Custody, Child Support
I am a Certified Family Law Specialist, specializing in all areas of Family Law.

The Law Offices of Ethan M. Weisinger, Inc. was founded in 2017 by our President Ethan M. Weisinger. With over 10 years of Family Law Experience, Eth... (more)

FREE CONSULTATION 

CONTACT

925-258-2020

Debra R. Schoenberg Lawyer

Debra R. Schoenberg

VERIFIED
Divorce & Family Law, Divorce, Child Custody, Family Law, Prenuptial Agreements
Boutique Family Law Firm in San Francisco

Debra Schoenberg's long and distinguished career has been exclusively dedicated to the practice of family law. More than 20 years ago, she established... (more)

Lawrence William Thorpe Lawyer

Lawrence William Thorpe

VERIFIED
Divorce & Family Law, Child Custody
+ LLMCorporation Law from NYU + Preeminent rating Martindale-Hubble

Larry is a family law specialist, certified by the California Board of Legal Specialization, with the highest rating by Martindale-Hubbell as AV-Preem... (more)

FREE CONSULTATION 

CONTACT

800-978-1831

Larry Dean Hughes

Divorce & Family Law, Family Law, Divorce, Child Custody
Status:  In Good Standing           Licensed:  48 Years

FREE CONSULTATION 

CONTACT

Audrey Anne Gamble

Divorce, Child Custody
Status:  In Good Standing           Licensed:  9 Years

Arthur Chih-Yu Lin

Family Law, Child Custody, Divorce & Family Law
Status:  In Good Standing           

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LEGAL TERMS

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

LEGAL CUSTODY

The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.

INCOMPATIBILITY

A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. C... (more...)
A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. Compare irreconcilable differences; irremediable breakdown.

CRUELTY

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.

ADULTERY

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are ra... (more...)
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the 'cheating' spouse.

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

RESPONDENT

A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must r... (more...)
A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must respond to the petitioner's complaint.

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

GUARDIANSHIP

A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty... (more...)
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Guardianships of incapacitated adults are more typically called conservatorships .

SAMPLE LEGAL CASES

Guardianship of Ann S.

... Generally, due process requires some showing of parental unfitness before rights are terminated, to protect the parent's fundamental interest in child custody. ... But this is not a case in which the unwed father at any time had, or sought, actual or legal custody of his child. ...

In re Angel L.

... The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA; Fam. ... As it read in 1996, the UCCJA provided that a court competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if "[t]his state ... ...

In re SB

... [5] Form JV-135 was entitled "NOTICE OF INVOLUNTARY CHILD CUSTODY PROCEEDINGS FOR AN INDIAN CHILD." The use of form JV-135 was mandated by the Judicial Council for notice to Indian tribes of proceedings involving the custody of Indian children. ...