Child Custody Attorney Dana Point

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Best Dana Point Child Custody Attorney

Binoye Jos is the best child custody attorney in Dana Point. Child custody matters take into consideration all the issues, large and small, concerning future living arrangements for the child, including parenting time of the noncustodial parent.

Child custody is the most vital aspect of any separation and/or divorce action in court. It is of utmost importance to each child that their parents make the best, most responsible decisions possible when choosing an attorney to represent them throughout the child custody process.

The courts require strict adherence to many rules and regulations in every child custody case. Since child custody is so emotionally charged, child custody decisions are – and should be – some of the most difficult decisions of one’s life. The health and wellbeing of your child are at stake, and every good parent wants to do whatever is in their child’s best interests. These decisions must be made with utmost sincerity by both parents, and in a manner that ensures that each child is served in a manner that is most beneficial to them.

At JOS FAMILY LAW, you can rest assured that your case is being handled by an experienced attorney who possesses not only the knowledge and understanding required to navigate your case and negotiate on your behalf, but one who also cares deeply about your matter and will give you the best possible legal advice and services.

Unfortunately, some parents use their child as a weapon against the other parent. This is so detrimental to the child, who will ultimately suffer the most with mental, physical, and spiritual difficulties that will cause them undue and utterly undeserved pain, often for many years past the time when they reach the age of majority.

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At JOS FAMILY LAW, Binoye Jos helps and supports each and every client in a manner that takes into account all the sentiments and emotions that accompany any child custody case. Mr. Jos assists his clients to work with opposing parents as much as possible in order to handle as many issues as possible before involving the courts.

When parents no longer live together, and depending on the age and emotional maturity of the child, the courts often take into consideration the child’s preference regarding living arrangements. Because a child will be deeply affected by the decisions reached by the courts about which parent the child will live with, and because any and all such decisions will affect the holistic growth and wellbeing of the child, the courts consider input from the child seriously, whenever appropriate.

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If you find yourself in a difficult situation regarding child custody issues, you must have an experienced and understanding attorney to help you reach a resolution that best suits you and your child. Feel free to contact JOS FAMILY LAW, and we will help you throughout the child custody process in the most seamless manner possible. Call us at (714) 733-7066, or contact us via email at jos@josfamilylaw.com. We look forward to serving you.

Typically, after filing a lawsuit and serving the other side with your initial pleadings, both parties will want to start information gathering through a process known as “discovery.” In a divorce, both people owe each other the duty to disclose all of their assets and debts to the other person. This duty is “fiduciary,” meaning each person has to put the other’s person interest ahead of their own.

To help the Court determine how the couple should divide the assets and debts accumulated during the marriage, there must be full disclosure by both sides. Concealment is not only prohibited but can also result in the Court awarding the whole asset to the other person.

If both sides are cooperating with each other and/or their attorneys are cooperating, it may be cost-effective to engage in “informal” discovery whereby each person asks for the information sought.

Then if this does not result in production, then the parties can resort to formal discovery methods. This includes depositions, demand for inspection and production, interrogatories, and requests for admissions. Except for depositions, these discovery requests are written documents. The other side has up to 30 days to respond, in writing and under oath. Signing the oath results in a verified response.

A deposition is an interview made under oath that is made in the presence of a Certified Stenographer who types the questions and answers in written form. The attorney who requested the deposition asks the deponent questions. If the deponent is represented, his or her attorney can object. However, since no Judge is present, the attorney asking the questions can:

  1. ignore the object and ask the question which the deponent must answer;
  2. rephrase the question so it is not objectionable;
  3. withdraw the question OR
  4. inform the objecting attorney that the objection can be reserved for the Judge to decide later and proceed with the question which the deponent must then answer.

A deposition can is normally held during business hours and continue for several hours or several days. Normally, there will be breaks and a time allotted for lunch. The deposition responses, once verified by the parties, can be introduced as evidence at a future hearing and/or a Trial.

For written discovery response, a person can object to a discovery request as

  1. requesting disclosure of privileged information;
  2. overbroad;
  3. not calculated to produce relevant information;
  4. duplicative;
  5. equally available;
  6. burdensome/oppressive.
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If the request is not objectionable, the responding party has a duty to make a good-faith effort to search for the information requested.

If the item cannot be located but someone else has a copy of the information, the responding party should write that person’s name and address. If only part of the items can be located, the responding person should produce what they have.

You can also file a Motion for a Physical, Mental of Vocational Examination of the other person provided that the issue is in controversy.

However, keep in mind that all discovery must be completed on or by the 30th day before the initial trial date.

If one person does not respond or if their response is incomplete or made in bad faith, the other side can file a Motion to Compel with a request for sanctions.

However, in all discovery disputes, before you can file Motion to Compel, the requesting person must first make a good-faith attempt to resolve the matter by requesting a “meet and confer.” It is always a good idea to commit to writing all attempts.

For example, if you called the party to discuss the matter, follow-up with a letter detailing the date and time of your call. In the letter or by phone call, you can agree to extend additional time to the other party to provide the information. You should let them know that if the extension does not result in a response, you may file a Motion to Compel.

If you are stuck in the discovery process and not know how best to proceed, call JOS FAMILY LAW at (714) 733-7066. We will guide you through the process. Our law firm has a combined 50 years of expertise.

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

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Meet Binoye Jos Child Custody Attorney Dana Point

Child custody attorney Binoye Jos is dedicated to resolving child custody and family law issues with care, compassion, and precision. Having experienced his family law dispute, he understands the stressful and overwhelming nature of such cases very well.

Binoye has to leave a multi-million dollar industry, which was providing very well for his family for 20 years, due to his child custody dispute. After 198 filings by two attorneys and $400,000 spent, he decided to do it himself - and won 50% of his son's custody. He has since been dedicated to protecting families and children. He attended law school to become a family lawyer in Orange County.

He is committed to providing personalized attention to every client. After understanding their issues, he helps them navigate family law complexities with tailored solutions. At all times, his priority remains to protect your children's well-being and minimize the stress of divorce and custody disputes on them.

We are here with you every step of the way. Call (714) 733-7066 to discuss your case with the seasoned child custody attorneys at Dana Point at Jos Family Law.

Understanding Child Custody in California

When it comes to child custody in California, understanding parental rights and duties is essential. The court believes that both parents should be involved in the child's rearing unless one of them is unfit for parenting. Our child custody attorney Dana Point can help you navigate confusing child custody laws to achieve the best outcome for you and your children

Here are the types of custody in California:

Legal Custody

Legal custody is the parental right to make important decisions for the child regarding education, healthcare, religion, etc.

Physical Custody

Physical custody refers to the child's residence and physical care by one or both parents.

Both these custodies can be either sole or shared. Sole physical custody would mean the child living with one parent exclusively, while the other parent gets visitation rights. Joint physical custody means both parents have equal rights to live with the child, though this time may not be split in exactly half.

Sole legal custody is a rare arrangement where only one parent has the right to make major decisions for their kids. This arrangement is only ordered if the other parent is unfit for parenting and sole legal custody would be in the child's best interests. Shared legal custody is when both parents participate equally in making decisions for the child.

At Jos Family Law, we are dedicated to protecting your children's best interests and helping you exercise your rights and responsibilities towards your kids.

Custody in California is Based on the Best Interests of the Child

As your child custody attorney Dana Point, we will present compelling arguments and evidence to make a case that shows you are better suited to have your child's custody. If that doesn't work, we will maximize your share in the time-sharing agreement. In every child custody case, our strategy is to advocate an arrangement based on the best interests of your children.

To determine custody in California, courts consider various factors including:

  • Each parent's ability to provide a safe and supportive environment to their child
  • Age and needs of the child
  • The child's relationship with their school and community
  • Each parent's ability to cooperate with the other to make decisions for the child's best interests
  • The child's relationship with each parent
  • History of domestic violence or abuse

We believe that everyone's best interest lies in resolving disputes via a negotiated agreement rather than full-blown litigation. However, if the other party is unyielding or negotiations break down, we are prepared to defend your rights vigorously in court.

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Speak to an Experienced Child Custody Attorney in Dana Point, CA

Whether you are looking to establish, enforce, or modify a child custody order - you can rest assured that your child's best interests are in good hands. With 55 years of combined experience, our Dana Point child custody attorneys know how to navigate custody disputes seamlessly.

Let us fight for your child's best interests. Call (714) 733-7066 or send an email to jos@josfamilylaw.com to schedule a free consultation with our attorneys today.

Frequently Asked Questions

All child custody decisions by California courts are based on what's best for the child. Fairness to parents and their wishes comes secondary.

In many cases, custody and parenting plans are made outside court when both parents mutually agree to the terms of custody. However, child custody issues are mostly disputed by parents, in which case the court will decide.

In this situation, it's best to have a child custody attorney Dana Point who can protect your rights and your child's best interests.

The custodial parent must obtain a court decision to move out of state. The court will determine if such a move is in the child's best interests. Moving out may not be possible if the court opines that staying in California and continuing visitations with the non-custodial parent is in the child's interest. The non-custodial parent can make a plea to the court to allow continuing visitations with the child and preventing a move.

Yes. However, for the court to change a previous order, certain requirements must be met. It will only order a modification if circumstances have changed significantly since the original order. Such a 'change in circumstances' may include:

  • A parent's relocation or job change
  • Multiple custody order violations by one parent
  • Any evidence of domestic abuse or safety concerns at one parent's house
  • Changing emotional and developmental needs of the child
  • The wishes of an older child to spend more or less time with one parent

If you are seeking to modify a child custody order, get in touch with Jos Family Law before making such a move yourself.

Generally, one parent gets primary custody of the child while the other has visitation rights in California. However, visitations may be denied to the non-custodial parent if deemed detrimental to the child's best interests.

But before denying visitations, the custodial parent has to take certain steps. For instance, if the non-custodial parent has repeatedly breached the child custody order, the custodial parent must inform law enforcement agencies.

Denying visitation for no ground can negatively impact the custodial parent. The non-custodial parent may approach the court for a modification of the previous order to make it more favorable towards them.

If you are a custodial parent and want to deny visitation, or a non-custodial parent who has been denied visitation for no reason, reach out to our child custody attorney Dana Point to protect your rights.

Both parents must abide by the child custody order. If one parent violates the order, they may be in 'contempt of court'. A contempt of court may result in severe consequences, including criminal penalties. In addition, a violation may also lead to modification of the child custody order with unfavorable terms to the violating parent.

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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