Orange County Child Custody Attorney

Binoye Jos is the best orange county child custody attorney. Child custody is the most vitalaspect 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 childare at stake, and every good parent wants to do whatever is in their child’sbest 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. Contact at orange county child custody attorney.

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.contact at orange county child custody attorney

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.

RETIREMENT PLANS

During a marriage, the community (consisting of both spouses) develops an interest in each party’s retirement plans. For example, if a couple is married 14 years, then the community interest in the retirement plan is 14 years which means that the other spouse has a one-half community interest in the other party’s retirement benefit. However, since the contract between an employee and the retirement plan, the Court does not take on the task of figuring out the dollar amount of the community interest nor does the Court distribute the benefit.

Instead, certain types of retirement plans are treated as “claimants” and are joined to the dissolution action. On California Judicial Council Form number “FL-318-INFO,” the types of retirement plans that must be joined are described on that form.

To effectuate joinder, the California Judicial Council form has created forms specifically for this purpose. The forms are Summons for Joinder which is FL-375, Request for Joinder of Employee Benefit Plan which is FL-372 and Pleading on Joinder which is FL-370. After all the forms are filled and signed, they are filed with the Court. The Court then issues an Order for Joinder.

After you receive the conformed copies, these copies are served on the Retirement Plan Administrator along with a blank Notice of Appearance and Response form (FL-374). The plan can be personally served upon the agent designated for service of summons. However, most plan administrators will accept service by mail. Make sure to include a Notice of Acknowledgement and Receipt along with a self-addressed stamped envelope.

The plan administrator may also file a Motion to Quash Service of Summons. If the plan does not contest service of the summons and does not file a Notice of Appearance and Response within 30 days of receipt, you can file a Notice of Default.

The actual determination of the non-plan holder’s one-half community interest is determined by what is termed as a “Qualified Domestic Relations Order,” informally known as a “QDRO.” The preparation of a proposed QDRO requires specialized knowledge, skill, and experience due to the complexity of the contracts determining benefits. For that reason, there are attorneys who specialize in such preparation and their fees for such services vary greatly. However, this is not the type of project that it can be performed successfully in pro per.

The QDRO is the judgment that creates and assigns to the non-plan holder the right to receive benefits under the plan. After a QDRO is prepared, it should be submitted to the Retirement Plan Administrator for approval. Then it can be submitted to the Court for the Judge’s signature. After that, it is an Order and can be sent to the Plan Administrator for processing.

The Plan Administrator will then contact both the plan holder and the non-plan holder who is then known as the “alternate payee.” The alternate payee will be offered the option to receive her or his benefits in installments or in one lump-sum payment.