Due to the overwhelming demand for our services, we only accept family law clients in orange county court.
JOS FAMILY LAW is the best law firm located near Stanton if you are seeking a resolution of your Child Custody matter. Binoye Jos experienced his own lengthy, costly Child Custody battle. After firing his attorneys for not obtaining a reasonable result – the “best” in Orange County, and at a cost of more than $400,000 – he took it upon himself to fight his own battle in court. The outcome? He WON his case. So he became an attorney, so that he can fight for YOU.
The best possible situation for a family that is splitting apart is to mediate the matter, instead of fighting it out in court. Mediation is the most cost-effective, efficient manner to settle such matters. But mediation is only effective when parents are amenable to working things out in a reasonable manner.
Sometimes, however, if an opposing party acts unreasonably, we at JOS FAMILY LAW utilize the law and the courts to the fullest extent in order to protect our client and their child’s best interests. Family Law courts in California – and public policy, for that matter – favor “frequent and continuing” contact with both parents. Therefore, parents should always ask themselves whether they are acting in the best interests of their child, before deciding that the child should live with only one parent. Sometimes, overprotective parents genuinely believe that they are the only parent who can properly care for their child. But the real question is: Is this belief true? A parent who truly loves their child will love them enough to share them with the other parent.
Of course, there are circumstances where the other parent is violent, has committed domestic violence, or is an abuser of alcohol or another substance. In these cases, of course, the child must be protected from the offending parent. Child custody matters are never cut and dried and, therefore, shared custody is not always the right answer. But so long as there is no physical or psychological abuse by the other parent, child custody determinations should never be used to thwart the other parent’s rights.
If you are truly looking for an attorney who will mediate, whenever possible, and will use the courts to make determinations when mediation falls short, feel free to contact JOS FAMILY LAW. We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at firstname.lastname@example.org. We look forward to discussing your Child Custody matter with you, and helping find the solution that best fits your particular situation.
In Child Custody cases, ghere are two types of custody: Legal and Physical. Legal refers to the right to make major decisions for the child regarding health, education, and general welfare. This can run the gamut from deciding what pediatrician will diagnose the child to what religion to instruct the child.
Physical custody refers to where the child will spend the majority of their time. Legal and Physical custody can be Joint or Sole. Joint means shared. Sole means that one parent is awarded custody.
The distinction between joint or sole is not black and white. However, applicable caselaw provides some guidance. For example, where the children are shuttled back and forth spending nearly equal time with both parents, that amounts to joint physical custody. In such cases, each parent has parenting time rather than visitation.
This distinction is important in move-away cases because the parent awarded physical custody has the presumptive right to locate. In such cases, the non-moving party must show that relocating would cause detriment to the child.
If the Court grants one party sole physical custody, the non-custodial parent must be granted visitation unless there are facts showing that visitation is not in the child’s best interest.
This is true, even if, for example, the non-custodial parent, is battling with serious drug or alcohol addiction. In such circumstances, the Court may award that parent supervised visitation with the children conditioned on the parent’s seeking help for his problems. The reason is that based on Family Code Section 3020, California’s policy is intended to encourage “frequent and continuing contact” between children and their parents.
After your relationship with the other parent ends, it may be tempting to punish him or her by keeping the children away from him or her. You should keep in mind that your children have a separate and distinct relationship with the other parent. For this reason, you should strive to build a new relationship with the other parent focused solely on co-parenting. There are courses online which can teach you the skills needed to help you avoid and resolve conflicts in this area.
At Jos Family Law, we think you should consider shared custody if that is a viable option. If you would like to discuss what type of custody is best for your situation, call Attorney Binoye Jos for a consultation at (714) 733-7066.