Child Custody FAQs

The duration of a custody battle depends on its resolution method. If the parents agree to a parenting and custody plan themselves, they can resolve custody within weeks. A mediated settlement usually takes 1-2 months, while a litigated dispute may take 6 months or even longer for a child custody order passed by the court.

The biggest mistake a parent can make during the custody battle is withholding the child from the other parent. This is often frowned upon by the court which prioritizes frequent and continuous contact of the child with both parents, unless doing so would be against the best interests of the child. If you withhold your child from your ex-spouse in violation of a child custody order, you may face severe consequences such as changes in custody detrimental to your interests and even jail time.

No, neither parent can prevent contact between the child and the other parent unless the child's safety and well-being are at risk from that parent. If you have valid reasons to withhold your child from the other parent, such as a history of child abuse, you can seek a protective order from the court with the help of a child custody attorney from Jos Family Law.

Neglecting the child, preventing contact with the other parent, bad-mouthing the other parent, missing child support payments, breaching court orders, and negative posts or comments on social media can look bad in a child custody battle. Any of the above may result in a custody decision made against you.

In California, the law prohibits the court from considering gender for child custody. The court will examine factors like the age and needs of the child, the relationship shared with each parent, which parent provided more care to the child, and any history of domestic violence by either parent to determine the best interests of the child. Based on this standard, the court will either award joint custody to both parents or sole custody to one parent.

Legal custody refers to which parent will make important decisions regarding the child's education, healthcare, and religious upbringing. Physical custody determines which parent the child will reside with. Both legal and physical custody can be shared by both parents or solely entrusted to one.

A child custody order is legally binding and must be observed by both parents. Even if one parent is violating a court order, it doesn't give the other the right to follow suit. Any violation of the child custody order will be considered contempt of court, possibly resulting in:

• Changes in custody agreement
• Revocation of custody
• A wage garnishment or asset seizure (if a child support order is breached)
• Jail Time

If you think the custody order is unfair, it is essential to seek proper channels to address it. Consult with an experienced child custody attorney at Jos Family Law to guide you through the custody violation and enforcing your parental rights.

Sole custody is when the child lives with one parent exclusively, whereas both parents split parenting time equally or nearly equally under joint custody. Both physical and legal custody may be shared jointly by the parents or with one parent exclusively. The courts in California prefer joint physical and legal custody unless such an arrangement is against the best interests of the child.