Child Custody Lawyer Buena Park

Best child custody Attorney in Buena Park

Binoye Jos is the best Child Custody lawyer in Buena Park. Mr. Jos experienced his own lengthy, costly Child Custody battle. After firing his attorneys for not obtaining a reasonable result – the “best” in Orange County, and at a cost of more than $400,000 – he took it upon himself to fight his own battle in court. The outcome? He WON his case. So he became an attorney, so that he can fight for YOU.

The best possible situation for a family that is splitting apart is to mediate the matter, instead of fighting it out in court. Mediation is the most cost-effective, efficient manner to settle such matters. But mediation is only effective when parents are amenable to working things out in a reasonable manner.

Sometimes, however, if an opposing party acts unreasonably, we at JOS FAMILY LAW utilize the law and the courts to the fullest extent in order to protect our client and their child’s best interests. Family Law courts in California – and public policy, for that matter – favor “frequent and continuing” contact with both parents. Therefore, parents should always ask themselves whether they are acting in the best interests of their child, before deciding that the child should live with only one parent. Sometimes, overprotective parents genuinely believe that they are the only parent who can properly care for their child. But the real question is: Is this belief true? A parent who truly loves their child will love them enough to share them with the other parent.

Of course, there are circumstances where the other parent is violent, has committed domestic violence, or is an abuser of alcohol or another substance. In these cases, of course, the child must be protected from the offending parent. Child custody matters are never cut and dried and, therefore, shared custody is not always the right answer. But so long as there is no physical or psychological abuse by the other parent, child custody determinations should never be used to thwart the other parent’s rights.

If you are truly looking for an attorney who will mediate, whenever possible, and will use the courts to make determinations when mediation falls short, feel free to contact orange county child custody lawyer. We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at jos@josfamilylaw.com. We look forward to discussing your Child Custody matter with you, and helping find the solution that best fits your particular situation.

In awarding or modifying Spousal Support, the Court considers and weighs the balance of hardships to each party. For example, in Marriage of Schu (2016) 6 CA5th 470, the Court denied Spousal Support to a wife based on a finding that her assets were sufficient to enable her to support herself. In that case, the Court also considered the fact that the wife had abused her children in deciding to deny support.

Another factor the Court considers in Spousal Support awards is the goal that the Supported Party is expected to become self -supporting in a reasonable period of time.

In so doing, the Court looks at:

  1. what might be required for the supported party to develop or acquire marketable skills
  2. the extent to which his or her earning capacity is or will be impaired by any periods of unemployment during the marriage to devote time to performing domestic duties.

Generally, the Supported Party is expected to acquire skills by seeking education or training in a field that is likely to lead to employment rendering reducing or erasing the need for future Spousal Support.

For example, in a marriage where both spouses worked, spousal support may be limited if the Supported spouse developed sufficient experience suitable for re-employment.

The Court can also deny Spousal Support based on a criminal conviction for abuse of the Spouse paying the support. Moreover, under Family Code Section 4324.5(a)(2)-(4), the victim spouse may even be awarded 100% of the community property interest in retirement and pension accounts.

The Court can also deny Spousal Support based on a criminal conviction for abuse of the Spouse paying the support. Moreover, under Family Code Section 4324.5(a)(2)-(4), the victim spouse may even be awarded 100% of the community property interest in retirement and pension accounts.

In deciding whether to award or modify Spousal Support, the Court can consider any other facts the Court deems to be fair. For example:

  1. a supporting spouse’s financial obligation to third parties, such as disabled adult children that the supporting party is also supporting.
  2. The reduced standard of living during a time where one spouse completed their education in anticipation of a higher standard of living thereafter;
  3. The need for help with domestic chores and child-care while attempting to become self-supporting through education or training.
  4. Monetary gifts from a third party to the supported spouse;

If you want to know if you qualify for Spousal Support, call experienced Attorney Binoye Jos for a consultation at (714) 733-7066.

At Jos Family Law we are available to provide consultations, at any time, including the weekends or evenings.

Request a free consultation

A Seasoned Attorney Trusted by Clients, Peers, & Judges

Binoye Jos is a compassionate and understanding child custody attorney. Having gone through his family law case, he understands the confusion and emotional difficulties at such times.

He left a multi-billion dollar industry to pursue a reputable legal career. After winning custody of his child, he graduated from law school and has been serving individuals and families across OC for several years.

When you trust Jos Family Law with your child custody dispute, you place your trust in professionals who are willing to walk the extra mile to achieve the best possible outcome. We have comprehensive experience in all areas of family law including divorce, child custody & support, alimony, asset division, etc.

Our seasoned knowledge and skills enable us to provide high-quality representation in complex, often intertwined family law cases. We are also highly resourceful and can obtain an efficient resolution that safeguards the rights and interests of your loved ones.

Types of Child Custody in California

Children have the right to spend time with both parents, provided they are cared for appropriately. There are two types of custody issues in California - legal custody and physical custody.

  • Legal Custody

    Parents with legal custody can make important decisions about the child's life, including:

    • Education or Childcare
    • Healthcare
    • Extracurricular Activities
    • Religious Upbringing
    • Travel
    • Residence

    Legal custody can be:

    Sole:

    Where only one parent has the right and responsibility to make important decisions about the child's education, healthcare, and welfare.

    Joint:

    Where both parents have the right and responsibility to make important decisions about the child's education, healthcare, and welfare.

    Courts prefer a joint legal custody arrangement where both parents can make decisions on the child's life. However, they do not have to agree on all decisions. Any parent can make a decision alone, but to avoid future disputes, both parents should communicate before arriving at a decision.

  • Physical Custody

    Physical custody is the living arrangements of the child, or which parent the child would reside with. Physical custody can be:

    Sole Physical Custody:

    An arrangement where the child resides with one parent and the other parent has visitation rights.

    Joint Physical Custody:

    An arrangement where the child lives with both parents, as per a time-sharing agreement.

    Joint legal custody doesn't always mean that the child will spend exactly half the time with each parent. Often, the child spends a little more time with one parent than the other. The parent who gets more time is known as the primary custodial parent, and the other is known as the secondary custodial parent.

    At Jos Family Law, we can achieve a favorable child custody arrangement through negotiation, mediation, or litigation. Our child custody lawyers Buena Park are well-versed in all aspects of California child custody and family laws.

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How are the Best Interests of the Child Defined?

California law confers vast discretionary powers to the court when determining the best interests of the child. The judge will consider several factors:

  • Age of the child
  • The child's wishes (if he/she is above 14 years of age)
  • The ability of parents to care for the child
  • Parent's stability
  • Parent's criminal history

The judge will evaluate all these factors to decide which parent(s) gets physical and legal custody.

Child Support Lawyer Orange County

Contact Child Custody Lawyer Buena Park

Parents can trust the experienced child custody lawyers in Buena Park. We can create a winning strategy to help you gain custody of your child. Our attorneys have decades of combined experience in making the law work in the favor of our clients. Understanding that an amicable resolution may be in the best interests of the child, we prioritize negotiations or mediation with your ex-spouse. However, if that doesn't work, we will fight aggressively for your children's rights in court.

Let Jos Family Law guide you through this overwhelming process seamlessly. Reach out to our Buena Park child custody lawyer for a free consultation.

Frequently Asked Questions

The duration of a child custody case depends on several factors. Typically, it may last for several months up to a year. However, the duration may be longer in case of multiple children or complex time sharing issues.

A family law judge will always consider the best interests of the child before passing the final custody judgment. To determine what's best for the child, the judge will consider:

  • Age and health of the child
  • Relationship between the child and both parents
  • The ability of each parent to care for the child
  • Any history of violence or substance abuse by either parent
  • The child's ties to their school or community

The court will presume that a shared custody arrangement will be in the best interests of the child unless proven otherwise. Sole physical or legal custody is awarded in exceptional circumstances like:

  • The inability of parents to work together to make decisions for the child.
  • One parent is deemed unfit for parenting or to make decisions for the child.
  • One parent resides far away or travels often.
  • Any other situation where it would be best for the child to be in the sole custody of one parent.

Custody may not be awarded to a parent if facts prove or suggest that the child's safety, health, or welfare may be endangered by the parent. Such situations may include:

  • The court will refuse custody to the father of the child was conceived due to the father's rape of the mother
  • If a parent committed first-degree murder of the child's other parent
  • A parent convicted of physical or sexual abuse to the other parent or the child
  • Habitual drug or alcohol abuse by either parent

The California Family Code § 3042 states that a child above the age of 14 may be asked to testify and inform their choice in custody. However, the court may not allow the child to testify if the judge thinks it isn't in the best interests of the child to testify.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

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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Call today for a consultation.

(714) 733-7066