Child Custody Attorney Laguna Niguel

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Why Choose Us For Laguna Niguel Child Custody Attorney

Binoye Jos is the best child custody attorney in Laguna Niguel. 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.

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.

Child custody matters require patience and calm, from beginning to end. Each child’s best interests must be the focal point of any decisions reached by the courts. In order to ensure that your child undergoes the process as smoothly as possible, contact JOS FAMILY LAW to provide you with all the support you’ll need to navigate throughout the difficult terrain of child custody arrangements. Please feel free to reach out to us at (714) 733-7066, or via email at jos@josfamilylaw.com.

Another factor the Court considers in awarding Spousal Support is each party’s assets (including separate property) and debts. The Court can look at the supported party’s separate property and the one-half community interest they will be awarded at Trial in determining the need for support. Moreover, the asset does not have to be in that party’s name if they can still control that asset.

The Court also considers the length of the marriage. A marriage of at least ten years’ duration is considered a long-term marriage. Any less than ten years is considered a short-term marriage. In short-term marriages (defined as less than 10 years), Family Code Section 4320(l) states that the Court can terminate spousal support at one-half the length of the marriage. For example, if the couple were married for 8 years, then spousal support could terminate at 4 years.

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By itself, this number does resolve the issue. Instead, the length of marriage is significant only based on the assumption that one spouse has been out of the employment market for a significant period of time.

The Court also considers the needs of the children. For example, in the case of Marriage of Aufmuth (1979), 89 Cal. App. 3d 446, although the marriage was only 8 years in duration, the Court awarded spousal support to spouse who desired to stay home to attend to the needs of particularly young children.

Since predicting what the Court may do requires experience and skill, consider calling JOS FAMILY LAW for a consultation at (714) 733-7066.

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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 - Founder of Jos Family Law

Binoye Jos founded Jos Family Law, a client-centric law firm that is dedicated to helping you through one of the most difficult periods in your life. Our child custody attorney in Laguna Niguel is your biggest advocate, no matter which family law dispute you are facing and how you prefer to resolve it.

Binoye has been in your shoes and understands the overwhelming situation you are in. He worked in a multi-million dollar industry before a family dispute struck. After 198 filings by two attorneys and $400,000 spent, he knew he had to take control. Binoye represented himself and won 50% of his son's custody. Subsequently, he attended law school and became a family law attorney. This was when his life's purpose became clear to him.

Binoye is steadfast in his resolve to help families and parents navigate the legal complexities of family law. Having gone through a divorce himself, he is dedicated to understanding every client's emotions and needs to craft a tailored strategy that protects their rights and aligns with their child's best interests.

Call (714) 733-7066 or email us at jos@josfamilylaw.com to schedule a free consultation with our child custody attorneys in Laguna Niguel.

Understanding Child Custody in California

There are two types of custody arrangements in California with various combinations. The type of arrangement the court orders will depend on the child's best interests. The custody order determines who will get custody of the child and how much time each parent will spend with the child.

There are two basic types of custody: physical and legal

Physical Custody

Physical custody gives the right to one or both parents to care for and supervise the child daily. This type of custody also includes which parent will live with the child.

Legal Custody

Legal custody allows parents to make major decisions for the child, which includes health and medical decisions, where the child should go to school, and what type of religious education they should receive.

Sole or Joint Custody?

Joint custody is an arrangement where both parents spend time with the child equally and participate in making important decisions concerning the child's well-being. On the other hand, sole custody means that the child will live with one parent more than half of the time and get visitations from the other parent. It also means only one parent has the decision-making authority about the child's education, healthcare, and religious upbringing.

The most common arrangement is joint legal and physical custody, where both parents maintain equal contact with the child and cooperate on the child's upbringing. However, there may also be situations where one parent has sole physical custody but legal custoy is shared between both parents.

California family courts will consider several factors to determine the best interests of the child - the legal standard used for determining custody in California.

Factors Affecting Child Custody

The court will assess the following factors to determine the best interests of the child:

  • Emotional and physical needs of the child
  • Each parent's ability to provide appropriate care and support to the child
  • The child's relationship with each parent
  • Any history of domestic violence or substance abuse by either parent
  • Which parent has provided more care to the child in the past
  • The child's preference, if above 14 years of age
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Contact Experienced Child Custody Attorneys North Tustin

At Jos Family Law, we have 55 years of combined experience in handling divorce, child custody, and other family law disputes. Our child custody attorneys North Tustin are skilled negotiators and formidable litigators who will try to achieve the best possible outcome in your case. We are here to provide your options and ensure you move on stress-free in life. Call (714) 733-7066 or email jos@josfamilylaw.com to request a free consultation with our seasoned attorneys today.

Frequently Asked Questions

Either parent can file a petition in court requesting child custody or visitation rights. If both parties cannot agree to a custody agreement themselves, the court will intervene and decide based on the best interests of the child.

If the parents were not married, the father must establish paternity. It can be established by signing a Declaration of Paternity or petitioning the court requesting a DNA test of the father, mother, and child. If paternity is established, the court will grant paternity unless against the child's best interests.

Default child custody is joint child custody shared equally by both parents.

Both parents must file a petition for Custody and Support of Minor Children Form FL-260 to start child custody proceedings.

Yes. This is a common arrangement in California. The courts prioritize both parents to be involved in their child's life. However, joint physical custody may be practically difficult due to the distance between the parent's homes. In such a scenario, the court will award sole physical custody to one parent and joint legal custody to both parents.

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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