Child Custody Lawyer Ladera Ranch

If you are looking for a compassionate, experienced Child Custody attorney near Ladera Ranch, look no further. Binoye Jos of JOS FAMILY LAW experienced his own lengthy and costly Child Custody battle, and is the best Child Custody attorney in Placentia. It is quite unfortunate that so often the child suffers more than anyone else in a highly contested divorce.

One of our first objectives at JOS FAMILY LAW is to determine whether it is feasible to handle the issues of divorce and child custody outside of the courtroom. Whenever possible – when parents are able to put their own negative feelings about their former partner aside in order to reach the most cost-effective, efficient divorce and/or child custody agreement possible – mediation is an effective means of resolving conflicts in a divorce and child custody proceeding.

When parents are cooperative, their child will be emotionally protected from the stress of parents seeking guidance from the courts in matters of child custody. All too often, an innocent child thinks they must do something to stop their parents from fighting, which can cause horrendous stress and anxiety to a child. Worse, a child’s innocence might lead them to believe that they are the cause of their parents’ animosity and constant fights. As responsible adults, it is up to the parents – and their attorneys – to have the best interests of the child at the forefront of their divorce and/or child custody matter.

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. 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 as seamlessly as possible. Call us at (714) 733-7066, or contact us via email at jos@josfamilylaw.com. We look forward to discussing the details of your case.

MEET AND CONFER REQUIREMENTS

Unlike most of the types of lawsuits, family law cases were first adjudicated in Courts of Equity. When these Courts merged, however, Family law cases retained their equitable nature in that the parties are seeking equitable relief rather than pecuniary “damages.”

For that reason, prior to adjudicating any request for order, the parties are required to attempt to settle their differences. This is known as a “meet and confer.” This can often result in a stipulation which is an agreement. If this happens, it is best to reduce that agreement to writing signed by both sides. It is also important, particularly in custody matters, to be as specific as possible to dates, times, and the address where the exchange of the children will occur. This may help to reduce the number of disputes that may arise. Some local Courts, such as Los Angeles County, have pre-printed Stipulation forms to be used for that purpose. Where an agreement is reached, the Court may read the terms and conditions into the record. The Judge will then make an inquiry to ensure that both sides understand the terms and entered into the agreement freely without coercion. The Judge will then sign it and make it into the Order of the Court. Once that happens, it is enforceable as a matter of law.

MEDIATION REQUIRED

In all contested custody hearings, before the Court can adjudicate the matter, the parties will be referred to mediation. The parties, either together or individually will tell the mediator what type of custody arrangements each of them would like and the reasons for that. The mediator will attempt to negotiate a parenting plan that works for both sides. The mediator will then prepare a report to filed with the Court.

Depending on the County, the resulting report will either be recommending custody orders or not. When in mediation, it is best not to disparage the other parent. Focus on the desired parenting plan and be prepared to provide reasons for your request. If the parties cannot exchange the child without acrimony, consider offering to exchange the child or children at a neutral spot such any public place located midway between the parents’ residences, such as a gas station or mall. If safety is an issue, consider the nearest police station.

EX-PARTE RELIEF

Sometimes, a party may seek relief by virtue of an “ex-parte” application, meaning this type of pleading lacks a formal, written notice. Instead, a party seeks relief by notifying the other party by telephone call (or leaving a voicemail) no later than 10 am the day before the hearing. The local rules of each County will state the exact procedures for filing the ex-parte application, such as the cut-off time for the filing of moving papers.

Typically, in Family Law cases, the Judge will take the pleadings under submission, meaning that no formal hearing is held. Instead, the Judge decides on the pleadings. His Clerk will then send the resulting Order to the parties.

SHOWING OF IRREPARABLE HARM

To qualify for relief, the applicant must state facts supporting a finding of “irreparable harm,” if the orders requested are not granted. Otherwise, relief may be denied. The Court may also choose to deny relief on an ex parte basis and instead, set the matter for a hearing on its regular calendar.

Sometimes, when a party is represented by counsel, a party will file on an ex-parte basis, a request for an order shortening time for notice of an underlying motion. Again, there must be a factual basis for such relief.