Binoye Jos is the best child custody attorney you’ll find near San Juan Capistrano. 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. Contaact at the best divorce attorney huntington beach
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.
A Mandatory Settlement Conference is a settlement hearing conducted by a Judge. This can be set by the Court or requested by one of the parties.
Once it is scheduled, both parties are required to appear. Right now, due to the Pandemic, these are held remotely by video call. Before the hearing, the parties are required to serve and file their Settlement Conference Briefs no later than five court days before the hearing. Typically, these conferences are informal in nature and the Judge will read the briefs and attempt to negotiate a settlement issue by issue.
It is similar to a mini trial except that evidence is not submitted, there is no testimony or nor do the attorneys argue. However, both sides are still expected to present the reasons for their requests and both their positions and reasons for their postitions must be based on fact and law.
For example, if both sides are contesting whether an asset is community or separate property, it is a good idea to submit as an attachment to the Settlement Conference Brief, a copy of any document showing the source of funds used to purchase the item, which can support a finding that the asset is either separate or community property.
Sometimes, the parties can agree on some but not all the issues. That can result in a partial stipulated agreement with the rest of the issues to be resolved at Trial. The parties can also agree to reserve issues for trial at an indefinite date in the future. If that happens, the Judgment based on such an agreement will include a request that the Court reserve jurisdiction over those unresolved issues.
It is always a good idea to read the terms of any verbal agreement reached into the record. This means to state the terms in Open Court. The Court Reporter will transcribe it and you will have verification of the agreement if there is a dispute later.
This also aids in clarification since either side can ask questions to ensure their understanding.
Where a party or parties are represented by counsel, they may decide to schedule a “four-way.” This is an out-of-court conference attended by both parties and their attorneys. They all sit down at a conference table and attempt to negotiate an agreement on some or all the issues.
If you are unrepresented and considering scheduling a four-way, call Attorney Binoye Jos at (714) 733-7066. Attorney Jos is a skilled, masterful negotiator who will seek to do what is fair for both parties.
Binoye Jos, lead attorney and founder of Jos Family Law understands the overwhelming and stressful nature of family law issues, especially child custody disputes. He understands no parent would leave an inch for their kids, just as he didn't.
Binoye went through his family law dispute which took 198 filings, two attorneys, and $40,000. He left a multi-million dollar industry to pursue law. Since graduating from law school, he has helped individuals and families through divorce, child custody, and other disputes and protected their rights at every turn.
He is committed to going above and beyond to achieve the best interests of your children. Understanding the bitter nature of family law disputes, he is compassionate in his approach and always suggests negotiating or mediating a settlement. But if that doesn't work, he will work tirelessly and zealously to achieve a fair and just outcome for you.
Schedule a consultation with our child custody attorney San Juan Capistrano today.
Call (714) 733-7066If both parents cannot agree to a settlement, the court will decide how custody will be shared. It will not favor any gender while awarding custody - the decision will be a purely objective one based on the best interests of the child.
While the law accords wide discretionary powers to the court when determining custody, common factors include:
California law recognizes physical and legal custody, which are determined based on the best interests of the child standard.
Physical custody is the amount of time that the child lives with one or both parents. If the child lives with one parent exclusively, that parent will be called the custodial parent with sole physical custody. If the child spends a substantial amount of time with both parents, then both parents have joint physical custody.
Legal custody is the right and responsibility of each parent to make important decisions on behalf of the child, like:
In most cases, the court will award joint legal custody, unless one parent has a history of domestic violence or substance abuse, or is proven to be unfit for parenting. In this situation, the other parent will be granted sole legal custody.
However, the courts prefer a joint legal custody arrangement where both parents have an equal say in decision-making for their kids
If you are going through or expecting a child custody dispute, don't hesitate to contact our child custody attorney San Juan Capistrano. Jos Family Law is led by a compassionate and seasoned family law attorney who has successfully handled hundreds of child custody cases like yours.
We are steadfast in our resolve to achieve the best for you and your family. Tell us about your situation and we will craft a tailored strategy to protect your rights and your children's best interests.
Call (714) 733-7066 or email to jos@josfamilylaw.com to arrange your consultation today.
Answers to common questions about child custody laws, custody rights, court decisions, and modifying custody orders in California.
No. While the court prefers a joint custody arrangement where the child spends substantial time with both parents and both parents have an equal say in the child's upbringing - shared custody isn't always awarded. In cases where one parent is deemed unfit for parenting, the other parent will get sole custody of the child. Any custody arrangement, whether physical or legal, must fulfill the ‘best interests of the child's standard.
To ascertain if a parent is unfit for parenting, the court will examine:
Remember that accusing the other parent unfit for parenting is a serious claim. If found baseless, you may be at risk of losing custody of your child. It's best to speak to a child custody attorney San Juan Capistrano before taking such a step.
Frequent and continuing contact with both parents is considered necessary by the court for the child's well-being unless one parent is unfit for parenting. If your ex-spouse denies you visitation rights, it will constitute a violation of the child custody order, which may be punishable by civil or criminal penalties.
Speak to a child custody attorney if your visitation rights are being infringed.
Gender is not a factor in child custody arrangements in California. A father has equal rights in getting his child's custody as the mother. However, an unmarried father may not get custody rights unless he proves paternity.
Yes. The custodial parent can move outside California but with the agreement of the other parent. The other parent’s consent will not be necessary if proven that doing so would harm the child's best interests.
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