Child Custody Attorney Midway City

Binoye Jos is the best child custody attorney the area of Midway City. Child custody matters take into consideration all the issues, big 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.

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. 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.

The law recognizes certain presumptions affecting a parental relationship between parents and their children.

In a divorce case, where custody is at issue, a married couple is presumed to be the parents of any children born during their marriage. This is known as the “conclusive marital presumption.”

However, this presumption does not apply if the husband was impotent or sterile at the time and the child was not conceived through assisted reproduction. A party contesting this presumption has two years following the child’s birth to challenge it. Otherwise, the challenge will be ruled “untimely,” and denied on that basis.

In Elisa B. v. Sup. Ct (2005) 37 C4th 108, 119, the Court held that the same presumption applies in same-sex marriages, despite the lack of “biological” evidence establishing a lack of actual parentage for one of the parents. However, the presumption will not apply where there are two biological parents willing to accept parentage. Nor does the presumption apply to two unmarried, different sex persons living together after one of the persons has given birth.

Where a couple is not married, after the birth of their child, the hospital staff will present the mother and father (if present) with a voluntary declaration of paternity.

If their signature is witnessed by a hospital staff-person, this establishes the presumption of parentage. Within 20 days of signature, the hospital will forward that declaration to the Department of Child Support Services.

If the parents sign a voluntary declaration in another state, California will be give it full faith and credit. If is signed by minors, it cannot take effect until 60 days after both parents have turned 18.

A voluntary declaration can be rescinded within 60 days of signing by filling out a recission form with the Department of Child Support Service with a copy sent to the other parent containing a return receipt. It can also be challenged within 2 years of signature by a party contesting its validity in a paternity case.

This presumption is unnecessary in artificial insemination or other forms of assisted reproduction because both people agree, in writing, that the child born through such procedure is their child even though they did not provide the ovum or sperm used to conceive the child.

A Court can also estop a parent from denying parentage if :

1. the putative parent, knowing he or she was not the natural parent represented to the child that he or she was their parent; AND
2. the child relied on the representation; AND
3. the child is ignorant of the facts AND
4. representation frustrated the opportunity to discover the natural parent and establish a parent-child relationship.

If you are wondering how best to proceed with your Paternity case, before or after judgment, call Attorney Binoye Jos at (714) 733-7066.