San Clemente Child Custody Lawyer | Jos Family Law

Child Custody Attorney San Clemente

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Child Custody Lawyer San Clemente

Binoye Jos is the best child custody attorney in San Clemente. At JOS FAMILY LAW, we are committed to doing that which is in the best interests of your children. If you are looking for an attorney who will fight for your rights, feel free to Contact JOS FAMILY LAW.

On the other hand, if you are looking for vicious litigation or are using your child as revenge against your former partner, please look elsewhere. At JOS FAMILY LAW , we are committed to finding the legal outcome that will best serve the interests of you and, most especially, your child.

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.

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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.

A party requesting child support, spousal support or attorney’s fees must fill out an Income and Expense Declaration. On the second page of that declaration, the party must state their income from all sources (including public benefits) not only in the last month but also the average received in the second column.

This can be accomplished by adding all income (for example in the last 6 months) and then dividing by the total number of months (in our example 6). On the third page, the party declares their monthly recurring expenses for each category described. If the figures are estimates, then that box will be checked.

If the Income and Expense Declaration is supporting a request for Attorney’s Fees, then the party must include the amount of attorney’s fees paid and any outstanding balance owed to their attorney. That section must also be signed by their Attorney.

The last page must include the percentage of overall time spent with the children of that relationship. The bottom of the last page permits the party to state any hardship or additional costs to be incurred elated to providing care for their children.

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The party filling out the declaration must also include their most recent paycheck stubs from the last 60 days. You should black out (redact) your employee identification or badge number and social security number. If your employer provides direct deposit, you should black out your bank account number as this information may be publicly available in Divorce or Domestic Violence Restraining Order cases.

Keep in mind that throughout your Paternity or Divorce case, you need to continually update your Income and Expense Declaration, particularly in Dissolution of Marriage cases, especially before any scheduled:

  1. Request for Order hearing requesting child support or spousal support;
  2. Mandatory Settlement conferences;
  3. Trial Readiness Conference.

If you need help preparing your Income and Expense Declaration, call JOS FAMILY LAW at (714) 733-7066.

Get in Touch

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Binoye Jos - Founder at Jos Family Law

Jos Family Law is recognized across Southern California for consistently achieving favorable results. Our lead attorney, Binoye Jos, commits his heart, soul, and passion to every case - because he knows exactly what family disputes feel like.

Binoye worked in a multi-million dollar industry before a family dispute shook his life. Binoye represented himself after his case took 198 filings by two attorneys and cost $400,000. In doing so, he won 50% of his son's custody, before attending law school and becoming a family law attorney. At this point, his life's purpose became clear.

He represents clients who have significant personal and financial stakes in the outcome of their case. He understands what parents go through during child custody disputes, and especially what children go through. All our child custody attorneys San Clemente are committed to helping each client by obtaining a resolution that eases their transition and relieves stress.

If you want to discuss your case with Binoye, call (714) 733-7066 or email jos@josfamilylaw.com to schedule your confidential consultation. You are not alone.

Protecting your Child's Best Interests

In California, child custody and visitation rights are determined by the best interests of the child standard. This depends on various factors, including:

  • The suitability of each parent to care for the child
  • The relationship shared by the child with each parent
  • Which parent has primarily cared for the child during marriage
  • The emotional and developmental needs of the child
  • Any instances of domestic violence or substance abuse
  • The child's preference (depending on age and maturity)
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This is not an exhaustive list, as the court may consider additional factors to determine the child's best interests. In California, if the child reaches 14 years of age and displays maturity, the judge may consider their wishes for custody. However, the child's wishes won't take precedence if the chosen parent for primary custodianship isn't in the child's best interests.

Parenting Plans in California

In California, parents must create a parenting plan outlining how they will co-parent the child after divorce. The plan must be filed in court with the following components:

The Primary Physical Custodian

Physical custody refers to where the child will primarily reside. It can either be with the mother, father, or both. Under joint physical custody, the child will live with both parents equally or nearly equally.

Legal Custody

Legal custody is the parental right to make decisions regarding the child's education, healthcare, and religious upbringing. Legal custody can exclusively be with the mother or the father or jointly owned. Under shared legal custody, both parents make these decisions together.

Visitation Rights

The third aspect of a parenting plan will determine how parenting time will be split. When one parent is the sole physical custodian, the other parent will get parenting time to spend with the child, as per an agreed schedule. Examples of such would be the child spending holidays and weekends with the non-custodial parent.

If you and your ex-spouse cannot agree to a parenting plan, the court will direct mediation to resolve disagreements outside the court. If it still doesn't work, your case will be litigated in court.

Whatever your situation, it is best to hire a child custody attorney in San Clemente to ensure a fair agreement or outcome. We will prepare you for your child custody case and improve your chances of being the primary custodian. If you become the secondary custodian, we will ensure you get maximum time with your children.

San Clemente Child Custody Attorneys Protecting What Matters the Most

At Jos Family Law, our skilled child custody attorneys in San Clemente provide guidance and representation to divorcing and separating couples throughout Southern California. We help parents make important decisions for their children's future. Our primary goal is to find an arrangement that best benefits you and your children. Consult with our San Clemente child custody attorneys for contested or uncontested child custody issues.

Call (714) 733-7066 or email jos@josfamilylaw.com to schedule a consultation with our experienced attorneys.

Frequently Asked Questions

In California, visitation rights pertain to the non-custodial parent's rights to spend time with their child. These rights may be accorded during weekends and holidays, or the court may order supervised visitations at the custodial parent's home for a specific number of hours. If you and your ex-spouse cannot agree to a parenting plan, the court will decide it for you. Our child custody attorneys in San Clemente are here to guide you through the process and protect your rights.

Physical custody involves where the child will live, whereas legal custody is the right to make decisions related to the child's education, medical care, and religious upbringing.

Many parents demand sole custody of their children post-divorce, but courts in California favor a joint custody arrangement unless contrary to the child's best interests, such as instances of past abuse. Joint custody arrangements can be anything from a 50/50 split to the child living with one parent and the other parent visiting during weekends, holidays, and school breaks.

California courts decide custody based on what they feel would be in the child's best interests. The judge will examine factors like who has previously cared for the child, any evidence of past violence or abuse, the relationship of the child with each parent, and the child's wishes if they are older, amongst many more. At Jos Family Law, our child custody attorneys in San Clemente will present a compelling case that tells your version of events.

Yes, if you are getting divorced in California, you must undergo mandatory mediation for child custody matters before approaching the court. Our child custody lawyers San Clemente are highly trained and experienced in mediation and collaborative divorce. We stand by you at every stage of the process to protect your rights and interests.

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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.

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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