Child custody disputes are some of the most complex and emotionally taxing parts of divorce. Still, it is also one of the most important and consequential aspects of marriage dissolution or separation. As parents, the decisions you make now are likely to have a lasting impact on your life as well as your children's. A poor custody arrangement can make it extremely difficult for you and your child to move on in life.
It may also be emotionally taxing for your child. They may feel helpless and confused while the court tries to determine their best interests. Despite your marriage ending, the best arrangement is one where both parents decide their future family structure.
Having a knowledgeable Irvine Child Custody Lawyer on your side early on in the case can confer a distinct advantage as you and your ex-spouse negotiate a parenting plan, enforce a child custody order, or modify a previous order. Child custody attorney Binoye Jos is here for you and your child.
At Jos Family Law, we help parents who are going divorce or legal separation and facing the following problems:
At Jos Family Law, we help parents formulate child custody arrangements for a stable home and successful future for their children. Schedule a consultation with our child custody lawyer Irvine to discuss your specific situation.
Along with assisting parents in child custody matters, we also help establish paternity and grandparents assert their right to visit their grandchildren.
Whenever possible, it is beneficial for all parties to reach a child custody and visitation agreement on their own. The process can be made easier and foolproof with the help of a skilled and experienced child custody lawyer. At Jos Family Law, we understand that no one loves your children or understands your family dynamics the way you do - which is why we encourage our clients to cooperate and work out an arrangement rather than leave it to a California family court judge.
Attorney Binoye Jos works hard to settle differences between both parents without the arduous and stressful procedure of the court. We also have access to a wide network of experts to help you create a beneficial child custody agreement.
If you live in Irvine and seek a resolution of your Child Custody matter, Binoye Jos is the best Child Custody Attorney in Irvine you’ll find. Mr. Jos experienced his own lengthy, costly Child Custody battle. After firing his attorneys for not obtaining a good result – the “best” in Orange County, and at the 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 could fight for you.
At Jos Family Law, we can help you in your child custody matter in the following ways:
There are two basic types of custody in California - physical custody and legal custody.
While the court prefers a 50/50 split, sometimes, it's not possible. In such situations, the court will award physical custody to one parent with whom the child will spend the majority of the time. This parent is called the custodial parent. It's worth noting that even though one parent may have the majority of the child's physical custody, they would still have to share legal custody with the other parent. This means both parents will make decisions regarding the child's education, healthcare, religious upbringing, and other important concerns.
Divorcing parents tend to disagree on child custody issues and often fail to cooperate toward a mutual agreement. When this happens, the court will create an order and decide physical and legal custody of the child.
Divorcing parents tend to disagree on child custody issues and often fail to cooperate toward a mutual agreement. When this happens, the court will create an order and decide physical and legal custody of the child.
California law doesn't differentiate between the father and the mother for determining custody. The court will solely determine what's in the best interests of the child before awarding sole custody to one parent or joint custody to both parents, irrespective of gender.
But if the child was born to unmarried parents, the father must establish paternity before he can exercise his parental right of custody. Similarly, an unmarried mother seeking support for her minor child must also prove paternity. If established, the court will order the biological father to support the minor child. The rights of a father include:
Fathers in California have the same rights as mothers in terms of custody of the child. They can request custody to the court after proving paternity. The court will order DNA testing of the mother, father, and child. Remember that the court will prioritize the best interests of the child above everything else.
If the father doesn't have physical custody of the child, he has the right to visit. Courts in California are driven by the belief that children benefit from regular and meaningful contact with both parents. It will establish a visitation schedule as per the parent’s availability and the child's needs
If circumstances transform after a custody order, either parent may request a modification. Grounds for obtaining modification may include changes in the child's needs, changes in the job schedule of a parent, or a parent's relocation. Fathers also have the right to seek a modification to ensure the best interests of the child.
Before an unmarried father can exercise his rights in California, he must establish paternity. Once established, he legally gains the legal right and responsibility to custody and visitation with his child.
Paternity can be established in several ways:
Courts in California are driven by the belief that children benefit from regular and meaningful contact with both parents. When you and the other parent split, it's best to make a custody decision on your own, so that both parents get joint legal custody. A joint legal custody gives both parents the right to make important decisions regarding:
These are a few decisions that both parents must agree on. While this cooperation can be difficult in some instances, there are alternatives available. Both parties can appoint a mediator who will help them work out an agreement that works for the new family structure and is in the child's best interests.
Choosing mediation will help you avoid lengthy court battles and the judge's decision that may not be favorable to anyone.
If both parents create a custody arrangement and one of them violates it, such as making decisions without the knowledge of the other, it would constitute a breach of agreement and parental rights. It is critical to speak to a divorce lawyer Irvine as soon as possible. Violation of custody arrangements could have serious consequences for the violating party, which may even include a change of custody. Some examples of custody violations may include:
If your parental rights have been violated, you need a child custody lawyer you can trust. We understand how difficult such situations are, and we will use our experience and knowledge to make it easier for you.
Schedule a consultation to learn more about how we can protect your parental rights by taking the violating parent to court.
California law prohibits child custody determinations based on the parent's sex, gender identity, and sexual orientation. The sole criterion is determining what would be in the child's best interests. Even a parent's immigration status won't affect their parental rights, and such a parent can also obtain custody.
Furthermore, a judge may also recognize more than two parents of the child if recognizing only two parents wouldn't be in the child's best interests.
In certain instances, the judge may conclude that a child has more than two parents if recognizing only two parents would be detrimental to the child. This is laid down in California Family Code 7612(c) (2014). Here are a few examples of such a scenario:
In these scenarios, the judge will consider the child's best interests when deciding custody and visitation between the parents. Each case will be decided as per its unique circumstances. The judge will take into account the emotional bond the child has with the parents, the patterns of care established between the parents and the child, and the child's needs for continuity and stability.
Under California law, the child's preference may be considered if the child is above 14 years of age and mature enough to have an intelligent preference regarding custody and visitation. The judge may give weightage to their wishes but must consider their best interests before rendering a verdict.
If the judge is of the view that the child testifying in court may be inappropriate, they may work out another way to obtain their input, such as speaking to the child privately in their chamber. Parents may be required to abstain from being present when the child is expressing their preference if the judge thinks their presence would be detrimental to the child's interests.
If the judge deems fit, it may appoint a guardian ad litem to advocate for the child and report their preferences. In rare events when the case is extremely contentious, the judge may require the child to be represented by their own attorney to safeguard their interests.
California's public policy ensures that children have frequent and continuing contact with both parents after a divorce or separation. The court will assign a primary custodian and non-custodial parent, with the latter having visitation rights as long as it would be in the child's best interests.
There are various visitation arrangements that the court may set up to ensure the non-custodial parent spends time with the child and forms a meaningful relationship with them. Ideally, it's best that the parents work together to create a visitation schedule that best suits the child's needs and their circumstances, rather than leave the decision to the judge.
The court may set up a visitation plan that may include overnight visits, alternating on specific weekends, the child visiting the non-custodial parent during holidays and vacations, or extended visitation by the custodial parent during the summer break.
In case a domestic violence restraining order has been issued against the non-custodial parent, the judge may limit the visitation to a supervised or virtual visitation. The court will appoint someone (such as a relative or a social worker) to oversee the visitation. The supervisor's job is to be present during the visitation and be attentive without interacting with the parent or the child, unless necessary to protect the child's safety.
Furthermore, the judge may also tweak the visitation order to protect other family members and eliminate any opportunity for further abuse.
The judge may put additional conditions or safeguards in place. In instances where the non-custodial parent had a history of alcohol abuse, the judge may require the parent to abstain from alcohol for a specific period of time to qualify for a visit.
If the non-custodial parent has a history of abuse and the judge determines that their mere presence could be a threat to the child's safety or well-being, the visitation rights of the parent may be denied altogether.
In case of a serious domestic violence allegation, the judge may issue a restraining order which includes suspended visitation until the charges are proved or disproved.
To avoid potential issues in future visitations, it's best to create a visitation schedule that is as specific as possible. Such specifics should include everything from pick-up and drop-off locations and times to transportation duties.
Hire a Irvine Child Custody Lawyer who has experience in drafting visitation schedules tailored to the needs of the parents and the best interests of children. At Jos Family Law, we have helped draft thousands of visitation agreements that protect our client's parental rights.
Circumstances may change in anyone's life - the same holds true for divorced parents. Any change in their needs or their kids as they grow older may prompt parents to seek a modification to the parenting plan.
Some examples may include:
Be aware that you cannot change a parenting plan on your own. If you do so, the other parent may request the court to enforce the custody order, and you could be facing serious consequences like losing custody or contempt of court.
To modify an existing order, you must file a motion that seeks such a change. Just like the original custody order, you and the other parent may agree on a change, but even then, you will have to submit the modified agreement for the judge's approval.
If you and the other parent cannot decide, the judge will decide whether a modification is required or not. Depending on the best interests of the child, the judge will grant or deny custody modifications.
During the hearing, you must prove that there has been a substantial change in circumstances since the original custody order and that your proposed modification would be in the child's best interests
In some instances, courts have allowed modification of the parenting schedule only, if both parents have joint physical custody. However, this does not apply to changing the child's primary residence. Either way, the requesting parent has to show that such a modification is in the child's best interests.
However, different rules apply when the custodial parent seeks a modification to move away with the child to another state.
Child custody and child support are two separate issues in California. Once the court determines how physical and legal custody are to be divided between the parents, it will order one of the parents to pay support.
Child support is viewed as the legal duty of parents to help their minor child. Remember that no matter who gets custody of the child, the court may order child support to cover the basic living expenses and ensure the well-being of the child. Generally, child support and child custody are interlinked in a California divorce:
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 clients and their children’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 their child's best interests before deciding that the child should live with only one parent.
Sometimes, overprotective parents genuinely believe that they are the only parents who can properly care for their children. 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, 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 JOS FAMILY LAW. 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.
Whether your child custody case is contentious or not, having an attorney by your side can take the stress away and provide peace of mind during an uncertain time. At Jos Family Law, our child custody attorney will fight for your best interests and parental rights. We can secure your rights and your child's best interests inside and outside the courtroom.
We understand how important parental rights are for you. We will work tirelessly to ensure your custody and visitation rights are protected and you spend meaningful time with your children.
Call (714) 733-7066 or send an email to jos@josfamilylaw.com to schedule a consultation with our experienced legal representatives today
Answers to common questions about child custody laws, legal custody, physical custody arrangements, and working with an experienced Irvine child custody attorney.
When parents cannot agree to a child custody arrangement, they are generally required to attend mediation before a court hearing. Mediation may be voluntary or ordered by the court.
A professional mediator helps both parties negotiate custody, visitation, and parental rights. If no agreement is reached, the unresolved issues will proceed to a hearing.
No. Either parent may file a Petition for Custody and Support of Minor Children, even if there is no pending divorce or legal separation case.
Unmarried parents may also pursue custody matters after establishing paternity through a Voluntary Declaration of Paternity.
California courts do not favor either parent based on gender, sex, or sexual orientation.
The primary consideration is always the child's best interests, and courts generally encourage meaningful involvement from both parents whenever appropriate.
Either parent may request modifications when significant circumstances have changed, such as educational needs, healthcare concerns, or relocation.
The court may require mediation before determining whether the requested changes serve the child's best interests.
The court may consider a child's wishes if the child is at least 14 years old and demonstrates sufficient maturity.
Ultimately, the judge decides based on the child's best interests rather than the child's preference alone.
Joint custody is the most common arrangement in California, although it does not necessarily mean an equal division of parenting time.
Sole custody is typically reserved for situations where one parent is absent, unwilling, or unfit, while visitation rights may still be granted.
Yes. Courts may grant ex parte temporary custody orders when there is an immediate threat to the child's safety or a risk that the child may be taken out of the state.
Domestic violence, sexual abuse, or other urgent dangers can justify emergency custody relief.
Third-party custody allows someone other than a parent, such as a grandparent or close relative, to receive physical and legal custody under appropriate circumstances.
Grandparents may seek supervised or partial custody if:
Violating a custody order may result in contempt charges, fines, imprisonment, or the loss of custody rights.
If your child is in immediate danger or your parental rights are being violated, consult an experienced Irvine child custody attorney as soon as possible.
Schedule a free, confidential case evaluation.
