Best Family Lawyer in Placentia
If you are looking for a compassionate, experienced Child Custody attorney, look no further. Binoye Jose 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.
- The suitability of living arrangements for the child
- Each parent’s history of abuse and/or violence
- Each parent’s criminal background
- 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.
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.
Sometimes, in a Divorce case, you or the other person may want to dissolve your marriage status before resolving all other issues in the case. For example, if you or your spouse wishes to marry someone else.
This can be accomplished by filing a Request to Bifurcate status. Bifurcation is the legal term for separating of the issue of marriage from the other issues like custody, spousal support and division of assets. At the Bifurcation hearing, the issue will ask both persons the following questions:
- Have you been a resident of the State of California for at least six months and a resident of this County before filing your Petition (or Response) in this case? AND
- Have certain irreconcilable problems arisen in your marriage that cannot be resolved through counseling or the passage of time? (If the reason for divorce is based on other grounds, such as incurable insanity, then the Judge will ask that question) AND
- Do you wish to be divorced today and returned to the status of a single person?
If the answer to all the above questions is yes, then the Judge will divorce the couple.
Most of the time, such a request for bifurcation of status will be granted unless the other party provides compelling reasons why he or she would be prejudiced by an early termination of marital status.
To overcome any arguments of potential prejudice, the requesting party should condition their request for bifurcated status by indemnifying or agreeing to hold the other person harmless from:
- loss of homestead rights;
- loss of insurance rights, especially for health care benefits;
- against any other right which may be affected by the change in marital status;
To hold another person harmless means that the other person will agree to be financially responsible for the benefit affected. For example, an employer may no longer cover the ex-spouse under the employee’s health plan. Indemnification means that the employee agrees to pay the full amount of the monthly premium of an equivalent health plan until the date that the divorce judgment is entered.
Otherwise, the Court may deny such a request for bifurcated status based on the failure to hold the other spouse harmless from the negative financial effects. On the other hand, the other spouse may agree to the request for bifurcated status if all their rights are preserved.
If both parties agree to bifurcated status, the Court is more likely to grant the request for an early divorce.
If you would are considering bifurcating status in your divorce case, call the experienced counselors at JOS FAMILY LAW at (714) 733-7066 for a consultation.
At Jos Family Law we are available to provide free consultations, at any time, including the weekends or evenings.
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