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. 

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1918 W Chapman Ave Suite 200, Orange, CA 92868

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there that overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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(714) 733-7066