Family Law attorney Fullerton

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Child Custody attorney Fullerton

Binoye Jos is the best child custody attorney in Fullerton. Child custody matters take into consideration all the issues, big and small, concerning future living arrangements for the child, including parenting time of the nocustodial 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.

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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.

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.

In Orange County, the court’s decisions regarding child custody arrangements are based on many factors, including:
  1. The suitability of living arrangements for the child
  2. Each parent’s history of abuse and/or violence
  3. Each parent’s criminal background
  4. The educational needs of the child

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.

Another factor the Court considers in awarding Spousal Support is each party’s needs, based on the standard of living established during the marriage. For example, in an affluent marriage where one spouse became accustomed to shopping at upscale stores every weekend, that spouse’s needs will be higher than someone is not so accustomed.

However, the Court also considers the Supported Party’s other sources of income. For example, what if the supported party is now living with a non-married partner who is paying some or all his or her living expenses? In this case, the Court can consider this as evidence of a decreased need for support.

There must be some facts indicating a romantic relationship meaning this will not apply to a room-mate situation. If shown, the burden of proof then shifts to the supported party to prove that his or her need for support has not decreased despite the non-marital partner’s contribution to their living expenses.

If, in a long-term marriage, the supported party’s needs change because that person becomes disabled, the Court can consider increasing the amount of support since that is evidence of increased need. Since predicting what the Court may do requires experience and skill, consider calling JOS FAMILY LAW 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.

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Meet Binoye Jos - Lead Attorney & Founder at Jos Family Law

Binoye Jos founded Jos Family Law to provide compassionate and personalized legal services to clients in Southern California. He is driven by a personal passion of minimizing stress and helping families move on.

Binoye worked in a multi-million dollar industry that provided very well to his family. But he soon had to quit his job due to a family law dispute that took 198 filings by two attorneys and cost $400,000. After minimal progress, he decided to represent himself and won 50% of his son's custody. He attended law school thereafter and has since dedicated himself to helping families during their greatest need.

Our child custody attorneys Fullerton offer personalized legal services to cater to the specific needs and concerns of clients. We will strive to resolve differences outside the court but won't hesitate to aggressively litigate to defend your rights when necessary.

Call (714) 733-7066 or send an email to jos@josfamilylaw.com to request a free initial consultation with our child custody attorneys in Fullerton today.

Types of Custody in California

Divorcing parents in California must work out two types of custody: physical and legal custody.

Legal Custody

Legal custody is the right to make decisions about the child's education, healthcare, and religious upbringing.

Physical Custody

Physical custody refers to where the child will live and which parent will be the primary caretaker of the child.

Most custody arrangements will involve some level of sharing between the parents. In rare situations - for instance, where one parent has a history of domestic or substance abuse or is unfit to care for the child - only one parent will get sole physical and legal custody.

Joint Custody

Joint custody is when both parents share physical and legal custody equally or very nearly equally. The child will spend 50% of the time with one parent and 50% with the other, and both parents will have an equal say on major decisions concerning their child's welfare and upbringing.

Sole Custody

Sole custody is when the child primarily resides with one parent while the other has the right of visitation per an agreed schedule. Under sole legal custody, only one parent has the right to make decisions regarding the child's education, healthcare, and religious upbringing.

Whatever your situation, it is best to consult with a child custody attorney Fullerton who understands your situation and has experience dealing with complex custody disputes.

How do California Family Courts Decide Custody?

It's always best if the parents can agree on how they will share their child's custody. If they cannot agree, the next step is court-ordered mediation, where a neutral third party will facilitate communication and cooperation between the parties to settle. If mediation fails as well, both parents will submit their version of custody plans to the judge. The judge may either choose one of the plans or draw from both to create a new plan.

The judge will take into account the following factors when determining custody:

  • The ability of each parent to care for the child and provide them with a supportive environment
  • The relationship the child shares with each parent
  • Which parent has provided more care and nurture to the child
  • Which parent is more likely to encourage the child to have a relationship with the other parent
  • The child's specific needs
  • Any history of domestic violence by either parent or household
  • Any history of substance abuse by either parent
  • The child's wishes, if above 14 years of age and displaying maturity
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How can our Child Custody Attorney Fullerton Help?

Whether you and your spouse are willing to work together or have the court decide custody, hire an experienced child custody attorney in Fullerton to represent your interests and safeguard your rights. At Jos Family Law, we have 55 years of combined experience in helping parents work out a child custody plan with the child's best interests at heart.

Here is how our child custody attorneys in Fullerton can help:

Do not go through your custody battle yourself. Let Binoye Jos, a child custody attorney in Fullerton, protect your rights at every step of the way. Call (714) 733-7066 or send an email to jos@josfamilylaw.com to schedule a free consultation with Jos Family Law.

Frequently Asked Questions

California allows modifications of child custody orders due to substantial changes in circumstances. If both parents agree to the modification, they may present a plan that the court will review and grant if it serves the child's best interests. If the parents do not agree, the parent seeking modification must file a petition stating what circumstances have changed and how the modification aligns with the child's best interests. The judge will hear both parties and only modify if it is in the best interests of the child.

Yes, grandparents and relatives have the right to visitation. If the child has had frequent contact with the grandparents and shares a positive relationship with them, the court will allow visitation to the grandparents.

Child custody and child support are two separate issues. If the non-custodial parent fails to pay child support, they will face significant penalties like wage garnishment, suspension of driving license, or cash seizure from bank accounts.

The custodial parent cannot deny visitation on the grounds of non-payment of child support. Not abiding by the custody order could result in contempt of court charges against the parent violating the order.

If your ex-spouse is not paying child support, contact an experienced family law attorney to enforce the order.

If the custodial parent wants to relocate with the child, they must seek the consent of the non-custodial parent, especially if it comes in between their visitation rights. If the non-custodial parent disagrees, the parent seeking relocation must petition the court and state the reasons for relocation. The court will only grant the request if it is not detrimental to the child's best interests.

The judge may ask for the child's preference in custody if the child is above 14 years of age and displays maturity during the proceedings. However, the court is not bound to accept their wishes if it thinks it would be against their best interests.

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1918 W Chapman Ave Suite 200, Orange, CA 92868