Child Custody Attorney Tustin

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Family Lawyer in Tustin

If you’re looking for an experienced, compassionate child custody attorney in Tustin, look no further. As a successful businessman, Binoye Jos experienced his own long, drawn out child custody battle. In fact, after spending hundreds of thousands of dollars on the “best” attorneys in Orange County, Mr. Jos finally decided to represent himself. The outcome? He won his case. Since he was so successful after taking the matter into his own hands, and arguing his case against experienced attorneys, he decided to become an attorney so that he could help others achieve the proper outcome with regard to their own child custody issues.

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Child custody matters take into consideration all the issues, big and small, concerning future living arrangements for the child, including parenting time of the noncustodial parent.

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.

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.

ATTORNEY’S FEES

Under Family Code Section 2030, a Court is authorized to order a party to pay the other party’s attorney’s fees and costs. To establish facts in support, the Attorney for a requesting party needs to file a Request for Order, an Income and Expense Declaration, the Judicial Council attachment form for Attorney’s Fees Requests and a Declaration from the Attorney establishing his skill, experience justifying his or her hourly fee.

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The basis for this type of fee award requires evaluating each parties’ income and needs, establishing a significant disparity between the parties and that one party has the income sufficient to pay for his/her fees and that of the other party. The fee request must be also reasonable in amount, considering the complexity of the case.

In determining need, the Court considers all the assets of both parties. For example, the Court can consider the stocks, mutual funds, etc. of the applicant as available to liquidate to pay for Attorney’s fees. Whatever award is made, the sum payable must be reasonable considering the paying party’s monthly living expenses. As a result, some fee awards are made payable in installments instead of lump sum.

The Best Child Custody Attorney Tustin, California

The court's priority in determining child custody in Tustin, CA, is what is best for the kid. While each parent may have different ideas about how the child should be best treated, California law requires the court to begin with two assumptions. First and foremost, the child's health, safety, & welfare must be prioritized.

Second, the court presumes that children benefit from regular contact with both parents. "Health, safety, & welfare" is an umbrella word used in child custody proceedings that covers a wide range of events and circumstances. If you need an accomplished, dedicated, & inspiring lawyer to represent you, contact the law office of Jos Family Law, the top Child Custody Attorney Tustin, CA.

Is it possible to obtain a child custody agreement without going to court?

You do not have to go to court to get custody. In mediation, you and your spouse can reach an agreement on child custody so that you & your ex-spouse can both agree on how to spend time with the child/children while the divorce proceeds.

The first step is for you & your spouse to come up with an agreement that works for both of you and is best for any children you share. A child custody agreement is a document that is agreed upon by both parties (you & your ex) or that is ordered by a Judge in divorce court (or that is decided upon during the mediation process) that specifies items like:

  • Spending time with the children on visits
  • Who will be awarded main and secondary custody of the children?
  • Whether the two of you will share time with the kids
  • Child support information
  • Everything else that will assist you and the other parent in effectively raising the children.
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While all of the above conditions may appear basic, they are not always. This is especially true if you and your spouse do not get along and intend to battle for primary custody or other issues. This is when getting the guidance of a qualified and experienced lawyer may help you negotiate your way to fair and equitable child custody in all aspects that come in handy.

What to Expect at Your Family Court Services Appointment

The California Family Court's Local Rules mandate that parents attend mediation sessions provided by the Family Court Services (FCS) whenever an order for child custody or visitation is requested. The advice of the FCS mediator is heavily weighted by family court judges; therefore, success in FCS mediation is critical to the outcome of your child custody case.

At the FCS appointment, the parents may provide information about their children's custody to a court-appointed mediator. In addition, the parents may offer relevant documentation evidence, such as affidavits from friends and relatives.

The FCS mediator will provide the parents and the family court judge with an FCS Report and Recommendation. The suggestion takes into account all of the information gathered by the mediator during their interview with the parents. Before releasing a proposed parenting plan, the mediator will also review the case and analyze any communication they've had with other third parties regarding the situation.

Each parent has 10 calendar days from the date of receipt of the recommendation to examine & respond to the material included in the report. If the FCS report is not received within the 10-day time frame, the family court will issue a continuance of the hearing at the request of either parent. A seasoned Child Custody Attorney Tustin at Jos Family Law can guide you to success.

At Jos Family Law we are available to provide consultations, at any time, including the weekends or evenings.

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Meet Binoye Jos: Our Founder & Lead Attorney

When you are facing a child custody dispute, it is important to have an attorney who understands your situation. At Jos Family Law, our lead child custody attorney Tustin is well-versed in child custody disputes.

Binoye worked in a multi-million dollar industry that provided very well for his family for 20 years. He had to leave the job due to his family law dispute, which required 198 filings by two attorneys and cost $400,000. When nothing came to fruition, he knew he had to take matters into his own hands. He represented himself and won 50% of his child's custody. He then attended law school and became a family law attorney to help others in times of dire need. At this point, his life's goals became clear to him.

Today, he uses his in-depth knowledge and experience in family law disputes to fight for his client's future. He is dedicated and steadfast in his resolve to minimize the stress and anxiety surrounding child custody cases. He will work with you to achieve the best possible resolution that aligns with your child's best interests and your goals.

Types of Child Custody in California

In California, there are two types of child custody:

Legal Custody

Legal custody gives parents the right to make decisions regarding the child's education, religion, healthcare, and general upbringing. Legal custody may be joint or sole. If shared, both parents will cooperate to make decisions for their child together. Mostly, courts award joint custody to both parents, though sole custody may also be awarded to one parent in some situations.

Physical Custody

A parent with physical custody will have their child reside with them. Physical custody can also be sold or shared. If shared, the child will mostly live with one parent during weekdays and then with the other on weekends. If parents live close, they may choose to split time more evenly.

Factors Affecting Child Custody Decisions in California

In California, the standard for determining child custody is based on the best interests of the child. Many factors are considered by courts to determine what's best for the child:

  • The ability of each parent to care for the child
  • The mental and physical well-being of both parents
  • The relationship shared by the child with both parents
  • The ability of parents to cooperate
  • The child's desires, if above 14 years of age and possessing maturity
  • Any history of domestic violence or substance abuse in either household
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Creating a Parenting Plan that Works for Your Family

California courts always base their judgment on the child's best interests. At Jos Family Law, our seasoned child custody attorney Tustin can help create a parenting plan that works for both parents and provides the best arrangement for their children. Whether negotiating a settlement with your spouse or litigating in court, we always aim for a stable and consistent relationship between all parties involved.

The key elements of a parenting plan include:

  • Custody and visitation schedule considering the child's school, extracurricular activities, holidays, weekends, etc.
  • Communication guidelines for parents to cooperate and share custody of the child
  • Decision-making authority for important matters regarding your children's education, healthcare, and religious upbringing.
  • Methods to resolve disagreements and conflict
  • Provision to modify the agreement as per changing circumstances

Child Custody Attorney Tustin Protecting your Child's Best Interests

When you hire a child custody attorney, they must prioritize your children's best interests. Our experienced child custody attorney Tustin understands the sensitive nature of child custody cases and is dedicated to helping you navigate the process with compassion and expertise.

Our goal is to ensure your child's needs are met and their life is happy and safe in every custody arrangement. We will tirelessly advocate your parental rights while keeping focus on your children's well-being.

Whether you are facing a custody dispute, defending your visitation rights, or modifying an existing order - Jos Family Law is here to provide the guidance and support you need throughout the process.

For help with our custody case, speak to our child custody attorney Tustin for experienced legal counsel and support. Call (714) 733-7066 today.

Frequently Asked Questions

Child custody decisions in Tustin, Orange County, are made based on what is in the best interests of the child. The court examines the child's age, relationship with each parent, household stability, & preferences if they can express them. The court may likewise evaluate each parent's capacity to meet the child's physical plus emotional requirements & any abuse or neglect.

Yes, in Tustin, grandparents can seek custody or visitation rights if it is in the best interests of the child. However, they may need to prove that the child's parents are unfit or that visitation with the grandparents is beneficial for the child's well-being.

Yes, it is possible to modify an existing O.C. child custody order in Tustin. However, you would need to show a significant change in circumstances that affects the child's well-being. It is recommended to consult with an experienced family law attorney to navigate the process successfully.

Joint custody in O.C. means that both parents share legal & physical custody of the child. Legal custody involves making decisions about the child's education, healthcare, & upbringing. Physical custody determines where the child lives & how much time they spend with each parent. Tustin courts encourage joint custody arrangements unless it is deemed not in the child's best interests.

If a parent violates a child custody order in Tustin, the other parent can file a motion for enforcement with the court. The violating parent may be fined, lose custody or visits, or end up in prison. It is important to consult with a family law attorney to protect your rights & take appropriate legal action.

While it is possible to represent yourself in a Tustin child custody case, it is generally recommended to seek legal representation. An accomplished attorney will assist you in navigating the court system, collecting evidence, presenting your case, & defending your rights as well as your child's best interests in complicated family law situations.

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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.

Contact Information

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