Best Family Lawyer in San Jose
Trang Do, Esq.
Family Lawyer
Ms. Do was raised in the Bay Area and received her Bachelor of Science in Finance from San Jose State University. Ms. Do earned her law degree from Lincoln Law School of San Jose. During Law school, Ms. Do was the recipient of a number of awards, including being awarded Witkins Awards in Contracts, Constitutional Law, and Best Written Brief in Moot Court. Additionally Ms. Do was also on the Dean Honor’s List and a Chief Editor Assistant in Law Review.
Ms. Do was a paralegal for a Personal Injury Law Firm for more than six years before she joined a Bankruptcy Law Firm. She has more than a decade of experience in dealing with personal injury claims and bankruptcy filings.
Ms. Do’s practice is dedicated to representing victims who have been injured at the hands of others and clients who are struggling with debts. She is experienced in all aspects of civil litigation and bankruptcy court. Unlike some attorneys who refuse to take a case to trial, Ms. Do has the confidence to present your case to the jury. Ms. Do takes pride in providing outstanding service and achieving the best possible outcome for all of her clients.
With regard to Bankruptcy, Ms. Do understands that financial issues can be stressful, frustrating, and overwhelming. Ms. Do can give you the respect you deserve and the breathing room you need to make a fresh start. She will be by your side to walk you through the process and guide you each step of the way.
Jaime A. Gonzalez, Esq.
Family Lawyer
Our founding attorney, Sgt. Jaime A. Gonzalez, Esq., was born and raised in San Jose, CA. As a native, he attended San Jose State University where he obtained a Bachelor’s degree in Psychology in 1995. He then went on to earn his Juris Doctor degree from Santa Clara University School of Law in 2001, all while actively working as a San Jose police officer.
Jaime brings forward his law enforcement expertise to family law. He has over 27 years of experience probing criminal and related family law matters and navigating the complexities of the criminal court system. He is a former San Jose Police sergeant, detective, and training officer who has worked all types of criminal cases, including murder, mayhem, robbery, rape, kidnap, and other major crimes. Jaime is an experienced and dedicated professional with a proven track record of success. He has conducted thousands of criminal investigations with scores of confessions and corroborating evidence to ensure successful prosecutions.
Throughout his police career, Jaime has helped countless families find justice and closure. His keen insight and perspective in investigating complex criminal cases makes him uniquely positioned to assist with your legal needs. He has extensive knowledge in managing and examining domestic violence and child abuse cases, as well as restraining order violations which often surface in family law matters.
During his time at Santa Clara University School of Law, he had the privilege to study and learn from some of the best legal minds in the industry, including federal and state judges, federal prosecutors, and even one of O.J. Simpson’s Dream Team attorneys, Mr. Gerald Uelman, who played a critical role in the jury verdict and outcome.
Robert L. Hoover
Family Lawyer
Robert L. Hoover is a native Californian and graduate of Santa Clara University School of Law. He began practicing law in 1960 and has steadily grown his practice into the largest Northern California firm exclusively focused on Family Law. Mr. Hoover has served in the military as an Air Force Instructor, has been employed as a Deputy Sheriff, and has been instrumental in establishing Family Law as a unique and important area of law practice. His efforts in working with the legal community resulted in the Judge Pro-Tem system that is a fundamental part of the Santa Clara County Court system today. Mr. Hoover lectures extensively and has been profiled in several national publications. He has been a trusted attorney to hundreds of C-level executives in Silicon Valley and has successfully handled many high-profile, hundred-million dollar divorce cases.
Mr. Hoover has completed 18 marathons and two ultra-marathons. He has bicycled from Canada to Mexico and is an international kayaker. He has been a technical mountain climber for many years and recently completed the Kalalau Trail, one of the world’s most difficult, breathtaking and beautiful hiking adventures. Mr. Hoover is an avid reader and enjoys keeping current in all national and international events. He enjoys traveling the globe with his family, friends and his lovely wife, Gale.
Andrew G. Marcellino
Family Lawyer
The Law Offices of Andrew G. Marcellino was founded by Andrew Marcellino in 2002 in Santa Clara County in the heart of San Jose, California. Andrew Marcellino opened the law office with the philosophy that people are not numbers and that every case is unique. Andrew Marcellino believes that it is incumbent upon us to recognize the individuality and diversity amongst us and make sure that our client’s voices are always heard. Andrew Marcellino is a trusted and skilled advocate in family law and criminal defense matters with an extensive background in representation. He aggressively works protect your rights and is a seasoned veteran of the courtroom as well as a tough negotiator,
whether he is Mediating Custody issues, a property settlement or defending clients against criminal charges. Andrew Prior to founding the law firm, Andrew Marcellino worked extensively as a contract negotiator, corporate financial analyst and as an accountant for companies including Lucent Technologies/Octel Communications, Space Systems/Loral, and Etc Networks Inc. Andrew Marcellino has a juris doctorate as well as a bachelor of science degree in business finance. When not in the courtroom or office, Andrew Marcellino is an avid scuba diver and underwater photographer with a divemaster certification.”
Joanne Y. Zhou, Esq.
Family Lawyer
Joanne Zhou is the founder and managing partner of The Zhou Law Group, and a Certified Family Law Specialist (CFLS) – the highest recognition of family law expertise issued by the Board of Legal Specialization of the State Bar of California. Ms. Zhou has represented over 1,000 clients in the past 10 years and is well known for her talent, compassion, competence, and efficiency. Her strength lies in her ability to simplify complicated divorce issues and propose intelligent, effective solutions for her clients.
As a prominent member of the California Bar Association and California Family Law Association, Ms. Zhou regularly gives exclusive interviews to Tencent, and many other mainstream media companies, with her comments on trending legal news and topics, which have gained over 50 million views in total. Her pristine reputation speaks volumes about her exceptional skills and profound social influence.
Ms. Zhou has represented clients in all types of dissolution proceedings, be it local or international, ranging from relatively straightforward matters to the most complex and high asset ones involving children, business, investment (restricted stock units, stock options, IPO-related equity), and various other assets and liabilities. Ms. Zhou is proficient in both Chinese and English, well versed in the multicultural background, and thus adept at understanding and meeting the needs of domestic and cross-border clients.
Before founding The Zhou Law Group, Ms. Zhou worked side by side with a highly recognized San Jose Lawyer Stanley K. Yim for several years. Together they assisted numerous clients from various ethnic groups with their immigration and family law concerns. Prior to coming to San Jose, Ms. Zhou also clerked with Judge David Shaheed in Indianapolis, Indiana. These experiences proved invaluable as they helped Ms. Zhou mature into a reputable and accomplished professional with moral integrity.
Magdalena Chattopadhya
Family Lawyer
Magdalena Chattopadhya is the founder of Magdalena Law Group and a skilled negotiator, tough litigator, and a certified mediator. Ms. Chattopadhya is the only attorney located in Santa Clara County, and one of a handful of attorneys in California, to be Board Certified as a Family Law Specialist by the State Bar of California Board of Legal Specialization and a Board Certified Family Law Trial Advocate by the National Board of Trial Advocacy.
Passionate about providing excellent legal representation and customer service to her clients, Ms. Chattopadhya continuously strives to find innovative ways of assisting her clients with their family law needs. Magdalena Law Group located in San Jose, Santa Clara County, California, focuses its practice on family law and criminal law. Ms. Chattopadhya’s primary practice area has been matrimonial law, including divorce / dissolution of marriage, legal separation, annulment, dissolution of domestic partnership, property division, child custody and visitation, child support, spousal support / alimony, parentage, domestic violence restraining orders, breach of fiduciary duties claims between spouses, and modification and enforcement of family court orders.
Ms. Chattopadhya is an active member of several professional organizations, including the American Bar Association, the Association of Certified Family Law Specialists, and Santa Clara County Bar Association. Highly regarded by her fellow professionals and clients alike, Ms. Chattopadhya has been repeatedly recognized for her excellence in legal practice and client satisfaction. Magdalena Chattopadhya’s accolades include Super Lawyers (TM) selection to Super Lawyers for multiple years in a row, the Avvo Clients’ Choice Award for several years, the Martindale Client Champion Award for several years, the Nation’s Top One Percent by The National Association of Distinguished Counsel, the Expert Network’s Distinguished Lawyer recognition, and the Top 3 Divorce Lawyers recognition by Three Best Rated for multiple years in a row.
Phong H. Nguyen
Family Lawyer
Mr. Phong H. Nguyen graduated from the University of California, Los Angeles with a double major in Economics and Sociology, and a minor in Political Science. While at UCLA, he was president of the Hilgard House Association where he directed and managed numerous community events on campus. A San Jose native, Mr. Nguyen returned to the Bay Area and received his Juris Doctor degree from Santa Clara University School of Law where he received multiple awards and scholarships for academic excellence.
Prior to forming Nguyen & Limon, LLP, Mr. Nguyen worked extensively at the Santa Clara County Superior Court in both the family and probate divisions. He subsequently worked at the Santa Clara County District Attorney’s Office where he worked in the Gang and Homicide Units. He most recently worked as an associate attorney at one of the most prominent family law firms in Northern California where he handled numerous high conflict and highly complex family law cases. Mr. Nguyen continues to focus his practice to all areas of family law and criminal defense and represents his clients with compassion while aggressively pursuing their rights under the law.
Heather M. Allan
Family Lawyer
Heather M. Allan is a certified family law specialist and a peer-endorsed attorney representing families all across Santa Clara County with aptitude and experience in the numerous aspects of family law, allowing her to successfully resolve cases for her clients and reach amicable solutions.
Ms. Allan’s diligent and successful approach has been recognized with numerous awards including Top 100 Lawyers by The National Advocates, 10 Best by American Institute of Legal Counsel, and Henry B. Collada Memorial Award by Superior Court of California, Santa Clara County. Find a detailed list of Ms. Allan’s awards and recognition below.
Ms. Allan maintains an extensive network in family law with associations ranging from Certified Family Law Specialists to the United States Supreme Court. She leverages her vast network to assist each client efficiently and effectively, helping clients avoid extensive legal fees.
Ms. Allan attended California Polytechnic State University in San Luis Obispo where she graduated Cum Laude with a Bachelor of Science degree in Psychology. Ms. Allan was a member of the National Honor Society (Psy Chi Omega) and recognized on the Dean’s list.
Ms. Allan obtained her law degree from Santa Clara University School of Law. While in attendance, Ms. Allan was a member of Honors Moot Court from which she received recognition as Best Oral Advocate.
How to Modify a Family Court Order
Life circumstances often change, making it necessary to modify a family court order. Whether it’s related to child custody, visitation, child support, or spousal support, the modification process allows individuals to adjust court orders to better reflect their current situations. Here’s a step-by-step guide on how to modify a family court order:
1. Understand the Types of Orders That Can Be Modified
Not all family court orders are permanent. The most common orders subject to modification include:
- Child Custody and Visitation: Changes in a parent’s circumstances, such as relocation, job changes, or shifts in the child’s needs, may justify a modification.
- Child Support: An increase or decrease in income, changes in the child’s expenses, or the child reaching the age of majority may necessitate a change.
- Spousal Support (Alimony): If either spouse experiences significant financial changes, a modification in spousal support may be warranted.
2. Identify the Need for a Modification
To seek a modification, you need to demonstrate that there has been a significant change in circumstances since the original order was issued. Some examples include:
- Change in Employment or Income: If one parent loses their job or has a substantial change in income, they may need to adjust child or spousal support payments.
- Relocation: If a parent needs to move to another state or city, this could require modifying the custody or visitation arrangement.
- Child’s Needs: If the child’s needs have changed, such as new educational or medical needs, modifying child support or custody arrangements may be necessary.
- Health Changes: Significant health changes for either parent or the child may lead to adjustments in the court order.
3. Check Eligibility for Modification
Before you proceed, ensure you meet the eligibility requirements for requesting a modification:
- Time Limits: Some states have restrictions on how soon you can request a modification after the original order was issued. Make sure you check the waiting period in your jurisdiction.
- Evidence of Changed Circumstances: Be prepared to present clear evidence of the changes in your circumstances that justify a modification.
4. Attempt to Reach an Agreement with the Other Party
In some cases, both parties may agree that a modification is necessary. If you and the other party can reach a mutual agreement, the process becomes much simpler and quicker.
- Negotiate Terms: Try to discuss the necessary changes directly or through your attorneys. Mediation can also be a useful tool to reach a compromise.
- Submit the Agreement to Court: If both parties agree on the modification, submit the new terms to the court for approval. The judge will review and likely approve the changes as long as they align with the child’s best interests (if applicable).
5. File a Motion to Modify
If you and the other party cannot agree, you’ll need to formally request a modification by filing a motion to modify the existing order with the court.
- Draft the Motion: Work with your attorney to draft a motion that outlines the changes you are requesting and provides evidence to support your claim.
- Include Supporting Documents: Be prepared to submit relevant financial records, medical documents, proof of changed circumstances, or any other documentation that supports your case.
6. Serve the Other Party
After filing your motion, you are required to serve the other party with a copy of the motion. This ensures they are properly notified and have a chance to respond.
- Proper Service: Ensure that the motion is served following the legal requirements in your jurisdiction, either through a process server or another method recognized by the court.
7. Prepare for a Court Hearing
Once the other party has been served, the court will schedule a hearing where both parties can present their case.
- Present Evidence: Be ready to present evidence showing why the modification is necessary, including any supporting documents or witness testimony.
- Legal Representation: Having an experienced family law attorney represent you can significantly improve your chances of success, especially in contested cases.
8. Attend the Court Hearing
At the court hearing, you and the other party will present your arguments to the judge. The judge will evaluate whether a modification is in the best interests of the child (if applicable) and whether the requesting party has demonstrated a significant change in circumstances.
- Judge’s Decision: After reviewing the evidence and hearing both sides, the judge will either approve, deny, or suggest changes to the modification request. If approved, the new terms will be set in a modified court order.
9. Implement the Modified Order
Once the judge signs off on the modification, the new order becomes legally binding. Both parties are required to follow the terms of the modified order.
- Follow the New Terms: Ensure that you understand and comply with the updated order, whether it involves new support payments, a revised visitation schedule, or changes to spousal support.
- Keep Records: Document any payments or other actions taken under the new order to protect yourself in case of future disputes.
10. Seek Further Modifications if Necessary
Life circumstances can continue to change even after a modification. If additional changes occur down the road, it’s possible to request further modifications. However, you will need to follow the same process and demonstrate new changes in circumstances to justify the request.
Conclusion
Modifying a family court order is a process designed to adapt to life’s changes. Whether you need to change custody arrangements, adjust child support, or modify spousal support, understanding the steps involved and having the right legal support is crucial. By demonstrating significant changes in circumstances, filing the proper motion, and presenting a solid case in court, you can seek a fair and necessary modification to an existing family court order.