Home › Practice Areas › Child Custody
Child Custody Attorney
San Jose, California
Protecting your relationship with your children. James Chau has handled child custody matters in Santa Clara County for more than 15 years.
Tiếng Việt | 中文
Child custody decisions are among the most consequential that a family court makes. For most parents, nothing matters more than their relationship with their children and their children's well-being. Understanding how California law approaches custody, what the court considers, and what options are available puts you in a better position to advocate for the outcome that serves your family.
Every family is different. James takes the time to understand your specific circumstances, explain how California custody law applies to your situation, and develop a strategy focused on your children's best interests and your long-term relationship with them.
California Law
The Two Types of Custody in California
California family courts address two distinct types of custody in every case involving minor children.
Legal Custody
Legal custody refers to the right and responsibility to make decisions about a child's health, education, safety, and welfare. This includes decisions about medical treatment, schooling, religious upbringing, and extracurricular activities.
Joint legal custody
Both parents share responsibility for making major decisions affecting the child's welfare. Joint legal custody does not mean parents must agree on every decision, but it requires meaningful communication and cooperation on major issues.
Sole legal custody
One parent has the authority to make decisions without the other parent's consent. Courts frequently award joint legal custody when parents are able to communicate and cooperate. When there is a history of domestic violence, substance abuse, or other circumstances that make shared decision-making impractical or harmful, sole legal custody may be appropriate.
Physical Custody
Physical custody refers to where the child lives on a day-to-day basis.
Joint physical custody
The child spends significant time living with each parent. This does not require an exact 50/50 split. The schedule is designed around what works best for the child's routine, schooling, and activities, not mathematical equality. Even with joint physical custody, one parent is typically designated the primary custodial parent for purposes of school enrollment.
Sole physical custody
The child lives primarily with one parent. The other parent typically receives visitation, which can range from scheduled visits to extended periods depending on the circumstances.
How Courts Decide
How California Courts Determine Custody
When parents cannot agree on a custody arrangement, the court decides. California law requires that all custody decisions be made based on the best interests of the child. The court considers a range of factors including:
Health, safety, and welfare
of the child
History of abuse or domestic violence
by either parent
Nature and quality of each parent's relationship
with the child
Ability to provide a stable home environment
Child's ties to school, community, and extended family
Each parent's work schedule and availability
Child's preference
if the child is of sufficient age and maturity
Each parent's willingness to support
the child's relationship with the other parent
History of substance abuse
The child's ongoing need for frequent and continuing contact
with both parents, when appropriate
Parenting Plans
Parenting Plans
Most custody arrangements are formalized through a parenting plan, which is a written agreement or court order that specifies the custody schedule, holiday and vacation arrangements, school break schedules, transportation and exchange logistics, communication methods between parents, and how future disputes will be handled.
A well-structured parenting plan reduces conflict by establishing clear expectations. When parents can agree on a parenting plan without court intervention, they retain more control over the outcome and often reach arrangements better suited to their family's specific needs than a judge could order.
When agreement is not possible, James is fully prepared to present your case in Santa Clara County Superior Court.
Santa Clara County
Child Custody Mediation in Santa Clara County
When parents in Santa Clara County cannot agree on custody and visitation, California law requires them to attempt mediation through Family Court Services before the matter can be heard by a judge. In Santa Clara County, this process is confidential. What parents discuss with the Court Mediator is not shared with the court, which distinguishes Santa Clara's process from other California counties where mediators make formal recommendations to the judge.
The mediation is conducted by trained Court Mediators and is available at no cost through the Family Court Services office at the Family Justice Center Courthouse in San Jose. Appointments are conducted remotely. A $100 fee applies to no-shows or cancellations less than 48 hours before the appointment.
If parents reach an agreement in mediation, it is formalized as a court order. If they do not reach an agreement, the matter proceeds to a court hearing where a judge will make the custody determination. In cases involving domestic violence, separate mediation appointments may be requested.
Modifications
Modifying an Existing Custody Order
Custody orders can be modified after they are entered if there has been a significant change in circumstances. Common reasons for modification include a parent relocating, a change in the child's needs, a change in a parent's work schedule, or concerns about the child's safety in the current arrangement.
To modify an existing order, the requesting parent must demonstrate both that circumstances have changed and that the proposed modification serves the child's best interests. Not every disagreement or change in routine qualifies. The change must be substantial and meaningfully affect the child's welfare. Whether you are establishing a custody arrangement for the first time, negotiating a parenting plan, or seeking to modify an existing order, James will evaluate your situation, explain your options, and advocate effectively on your behalf.
Speak Directly with James Chau
Schedule a free 20-minute consultation. No obligation. You will speak with James, not a staff member.
Why Clients Choose James Chau
Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
More than 15 years serving San Jose and Santa Clara County as a family law attorney
Experience with contested custody proceedings in Santa Clara County Superior Court
Direct communication with James throughout your case
Focused on practical custody solutions that protect children's long-term wellbeing
Serves English, Mandarin, and Vietnamese speaking clients upon request
Frequently asked questions
Contact the Law Office of James Chau
The Law Office of James Chau, P.C. represents clients in San Jose and throughout Santa Clara County. If you are ready to speak directly with a San Jose divorce attorney, contact us online or call (408) 899-8364.