CAMPBELL, CA CHILD CUSTODY LAWYERS

Providing Legal Support for Parents Navigating Custody Disputes

Child custody is one of the most emotionally challenging aspects of any family law case. It can be overwhelming to face the possibility of not seeing your children every day or adjusting to new custody arrangements. At Hepner & Pagan, LLP, we understand how personal and difficult these cases are, and we’re here to guide you through the legal process with care and experience.

When you come to our law firm for help, you’ll work directly with a compassionate child custody attorney who has helped families throughout Campbell, San Jose, and the surrounding areas. We’re here to answer your questions, advocate for your rights, and work toward an outcome that supports your relationship with your children.

Understanding Legal and Physical Custody

As you begin your custody case, your attorney will help you understand the different types of custody:

Legal Custody refers to the right to make important decisions about your child’s life, including education, healthcare, and religion. Parents may share this responsibility (joint legal custody) or one parent may be granted sole legal custody.
Physical Custody determines where your child lives. You may pursue sole physical custody if you believe your child should live with you full-time. However, California courts generally prefer joint physical custody, allowing children to spend meaningful time with both parents—provided it’s in their best interest.

Your parenting plan will outline the custody schedule and visitation arrangements. Our child custody attorneys will work with you to create a plan that prioritizes your child’s well-being and meets court standards.

What Is Visitation?

If one parent is granted sole physical custody, the other parent typically has the right to visitation—also called parenting time. Visitation schedules can be:

Scheduled, such as alternating weekends and designated holidays
Open or flexible, which may work better for families where one parent lives far away or has an irregular schedule
Supervised, when there are safety concerns or special circumstances

A judge will always base visitation decisions on what’s in the child’s best interest. Our team will help you advocate for a fair and safe arrangement that reflects your family’s needs.

Factors Courts Consider in Custody Decisions

In California, courts focus on the best interests of the child when deciding custody matters. Some of the key factors a judge may consider include:

The child’s age and health
Each parent’s ability to care for the child
The existing relationship between the child and each parent
Any history of domestic violence, substance abuse, or neglect
The stability of each parent’s home environment

Our attorneys will help you gather the documentation and evidence needed to present a strong case that supports your child’s well-being.

Do Children Get a Say in Custody Cases?

Yes, but it depends on their age and maturity. In California:

Children 14 years and older may express a preference, but the judge is not required to follow it if it’s not in the child’s best interest.
Younger children may also be heard if they demonstrate maturity and offer a sound reason for their preference.

For example, if a 12-year-old expresses concern about a parent’s substance abuse, the court may take this into consideration. Your attorney can help determine whether your child’s voice may be considered during the case.

Maturity is Taken Into Consideration

It is not only a child’s age that is taken into consideration when determining if a child’s wishes will be heard by the court. The child’s maturity level is, too. If the court believes a child is mature enough to state their preference, they can listen to what the child has to say, even if the child is not yet 14 years old.

For example, a 12-year-old child may realize that their parent has a substance abuse problem. If they raise the issue with a judge, the court may determine that the reason for wanting to live with one parent over another is reasonable and mature. The judge may then determine that upholding the child’s wishes is in their best interest.

Speak With a Child Custody Attorney in Campbell, CA

At Hepner & Pagan, LLP, we are committed to helping parents understand their rights and navigate custody issues with clarity and confidence. Whether you’re seeking sole custody, negotiating a parenting plan, or involved in a complex dispute, our experienced family law attorneys are here to support you.

We proudly serve clients in Campbell, San Jose, and the surrounding areas. Contact us today to schedule a consultation and take the first step toward a custody solution that works for your family.