Due to the overwhelming demand for our services, we currently only accept family law clients in Orange County court.

×

Costa Mesa Child Custody Attorney

Request a consultation

Best Costa Mesa Child Custody Attorney

Binoye Jos is the best Costa Mesa Child Custody Attorney, if you live in the Costa Mesa area. He is a compassionate, competent, experienced attorney whose focus is on finding a solution that is in your child’s best interests, and treats each client as his most important. Mr. Jos will vigorously fight for your rights as a parent, and will do so with your child’s best interests as his focal point.

Parental Alienation happens more often than most people imagine. What parents often don’t know is that parental alienation is a form of psychological abuse, and the resulting damage is severe. Child victims of parental alienation, once they become adults, will have learned these negative behaviors and often repeat them, with negative impacts on their romantic relationships and their children.

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

Request a consultation

Children who are victimized by an alienating parent often will say anything to please that parent. Some psychologists and therapists can even make the situation worse, if they have not been properly trained to recognize the signs of parental alienation. Even some well-experienced doctors can confuse parental alienation with some forms of child abuse, as they believe what the children are saying about the alienated parent, thus giving the doctor the incorrect impression that the child is suffering abuse by the alienated parent when, in fact, it is the parent who is committing acts contributing to parental alienation who is the abuser. Contact at Orange County Child Custody Lawyer. Some major tactics used by an alienating parent during a divorce proceeding are:

  1. accusing the other parent of domestic violence, when none has occurred;
  2. badmouthing the other parent at every turn;
  3. accusing the other parent of physical abuse;
  4. accusing the other parent of sexual abuse;
  5. accusing the other parent of not providing for the children.

Get in Touch

costa-mesa-child-custody-attorney

These are some of the common tactics used by bitter parents during a divorce proceeding. Unfortunately, some parents engage in these kinds of behaviors unknowingly. Our minds have a way of playing games, especially in circumstances where emotions run high. Therefore, parents often totally believe that what they are saying is true. Although, of course, there are instances where the above behaviors are actually happening, it is more often the case that such accusations are the creation of our own minds, especially when there is animosity over the reasons leading to divorce.

As a counselor, a good attorney may suggest that their clients seek therapy to resolve these issues, for the purpose of lessening anger toward the other parent and, instead, act in a manner that promotes the best interests of the children. Contact at Costa Mesa Child Custody Attorney.

SPOUSAL SUPPORT is often necessary because in a divorce or separation, one spouse typically moves out of the marital residence. If that spouse was also the primary income source for the household, that creates an increased need for income for the remaining spouse.

For that reason, that spouse can request an award of temporary spousal support pending a divorce or separation judgment through a Request for Order. The Court will make a decision by evaluating the factors described in Family Code Section 4320, commonly known as the “4320 factors.”

Because bills can quickly pile up before relief is granted, a court can order Retroactive Spousal Support to the date of filing the request for order. In certain cases, the Court can also award temporary Spousal Support retroactive to a date pre-dating the filing of the request for order based on Family Code Section 4333 based on the holding in Marriage of Mendoza & Cuellar (2017) 14 CA 5th 939 citing Marriage of Dick (1993) 15 CA 4th 144. However, this may be limited to certain facts. In this case, the non-moving party evaded service of the summons to prevent any temporary spousal support orders from being issued in the first place which the Court sought to remedy through its ruling.

Either way, if a moving party is requesting retroactivity to the date of filing, the requesting party must offer facts supporting the need for spousal support, such as recurring bills for expenses and bank statements showing recent deposits. This process can often feel overwhelming. For guidance in the preparation of such a request, it is helpful to have an experienced attorney aid you. At Jos Family Law, a team of experienced, dedicated experts can prepare your request and compile your documents in the most persuasive way.

DANA POINT

If you are the primary income earner and you move out of the family home pending your divorce or separation, your spouse may file for SPOUSAL SUPPORT.

If he or she does, you should file a timely response and submit any evidence of payments you have made (such as payments of the mortgage). The Court may consider these as a form of support and may credit you if retroactive support is ordered. The law imposes a deadline for filing your response: you have to file and serve your response no later than nine court dates before the hearing. If you are planning to serve your spouse by first-class mail, add 5 calendar days to that deadline. The process may cause stress. The team of dedicated experts at JOS FAMILY LAW can ease that burden. We will work with you to decide how best to prepare your response. We will serve your spouse or their attorney and file your paperwork with the Court, either by fax or electronically.

costa-mesa-child-custody-attorney

Seasoned Child Custody Attorney Protecting Your Parental Rights

Binoye Jos is a skilled child custody attorney serving Costa Mesa and nearby areas. Having experienced his very own family law dispute, he walked away from a multi-billion dollar industry to win 50% of his child's custody. After graduating from law school, Binoye Jos was driven by the sole dedication to helping individuals and families in their greatest time of need.

He specializes as a family lawyer and has served Orange County clients for several years with a successful track record. Providing unwavering support and zealous advocacy to his clients, Binoye Jos has carved a reputation as the best child custody attorney in Costa Mesa and Orange County.

If you are going through a child custody dispute or any other family law problem, don't hesitate to contact Binoye Jos for a free consultation. He will guide and represent you toward a favorable resolution.

An Overview of Child Custody in California

Child custody refers to the care and financial well-being of minor children after divorce or separation. California Family Code § 3020 emphasizes that the children have frequent and continuing contact with both parents after separation unless it would be detrimental to the child's best interests. The court prioritizes the safety and welfare of minors over fairness to parents.

When determining the best interests of the children, the court applies several factors including:

PHYSICAL CUSTODY

Physical custody refers to the percentage of time the child will spend with each parent. It is a time-sharing arrangement for the living accommodation of the child. If a parent gets more than half the time, they are known as the custodial parent, while the other is called the non-custodial parent.

To decide on physical custody, the court will consider the following:

  • How much time each parent can dedicate to the child
  • Where the child goes to school
  • Other discretionary factors, as deemed relevant by the court

Joint Physical Custody: Under this arrangement, the child will live with both parents. The time-sharing is determined by the court based on the above factors.

Sole Physical Custody: The court may award sole physical custody to one parent in some circumstances. For instance, if the other parent lives far away or travels a lot, it would be more convenient for the child to live with one parent. Sole physical custody may also be awarded if the other parent has a history of domestic violence or substance abuse.

LEGAL CUSTODY

Legal custody is the right of parents to make important decisions regarding the child's upbringing. These may include deciding on:

  • Education
  • Healthcare
  • Religious Upbringing

Thus, the legal custodian can decide where the child goes to school, whether the child receives religious education, and the recreational activities the child can participate in.

Legal custody is also further divided into joint legal custody and sole legal custody.

Joint Physical Custody: Both parents have the right to make important decisions about the child's life. Legal custody is mostly divided between both parents even if one has sole physical custody. The court will generally create an agreement that keeps both parents involved in the child's life unless it deems one of them unfit for parenting.

Sole Physical Custody: Sole legal custody is when only one parent is permitted to make decisions for the child's education, healthcare, and welfare. This custody arrangement is awarded when one parent has a history of abuse or drug use or if the court believes that both parents cannot mutually agree to a decision regarding the child's best interests

Hiring an Attorney for your Child Custody Dispute is Critical

California Family Code § 3080 presumes that joint physical and legal custody is in the best interests of the child.

If either parent disagrees with this presumption, the court will listen to both parties and decide in the best interests of the child.

How your case is presented to the court can make all the difference. Therefore, it is wise to have an experienced Costa Mesa child custody attorney with a proven track record for success.

Child custody matters can get confusing, overwhelming, and costly. Jos Family Law can represent your interests and obtain the best arrangement for your child's welfare. A protracted legal battle may not benefit anyone, especially your children. Therefore, our priority is to negotiate a settlement with the other parent. But if they are uncooperative or unwilling, we are fully prepared to represent you at trial.

Child Support Lawyer Orange County

Contact Costa Mesa Child Custody Lawyers

If you're facing or expecting a child custody dispute, contact Jos Family Law for a free consultation. Our Costa Mesa child custody attorneys will review your case and tailor a winning strategy as per the circumstances.

Costa Mesa Family Law Practice Areas:

Frequently Asked Questions

The court always considers the best interests of the children when deciding child custody cases. In most situations, the parents agree to an arrangement, which is then finalized by the court. If they cannot reach an agreement on their own, they may try mediation. The last resort is the court issuing an order that both parents must abide by.

The most common child custody arrangements in Costa Mesa include joint physical custody, sole physical custody, joint legal custody, and sole legal custody. Joint legal custody is the most preferred arrangement where the court allows both parents to decide on the child's upbringing.

Physical custody refers to the living accommodation of the child. The parent who lives with and takes care of the child is the primary custodian, while the other is the secondary custodian and has visitation rights. Legal custody is the right and responsibility of one or both parents to make important decisions regarding the child's education, healthcare, and religious upbringing. Legal custody is mostly awarded jointly to both parents so they can equally participate in the child's upbringing.

The courts favor a joint physical and legal custody arrangement if it is in the best interests of the child. As a general rule, the court prefers both parent's involvement in the child's life. However, in some circumstances, sole physical or legal custody will be awarded if one parent lives far enough, travels often, or is considered unfit for parenting by the court.

While you are under no obligation to hire an attorney for your child custody case, it's highly advisable to do so. Child custody laws are nuanced, and you cannot afford to make a mistake when it comes to your children's future.

Even if you and your ex-spouse are resolving the matter through negotiation, a child custody attorney will ensure you aren't taken advantage of or haven't been compelled to agree. In cases that go to trial, having an attorney is extremely important. It needs skills, knowledge, and experience to present compelling arguments and evidence to obtain a favorable outcome. An attorney will also ensure your rights are protected throughout and the court gets a clear picture of your situation.

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.

(714) 733-7066

jos@josfamilylaw.com

1918 W Chapman Ave Suite 200, Orange, CA 92868