Villa Park

If you are looking for a compassionate, experienced Child Custody attorney serving Villa Park, 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.

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.

In a non-married relationship where children are conceived, the end of that relationship impacts custody and visitation. To be granted custody or visitation, a parent needs to first establish his or her parental rights by filing a petition with the Court.

Parentage issues can also arise if the children are adopted since the biological parents’ rights are usually terminated. The adoptive parents together and the biological parents can choose not to terminate. If that happens, a child may have three or even four ‘parents.’

In some cases involving same sex partners where one of the partners is also the birth parent, the non-birth partner may choose to become the adoptive parent of the child.

In a Petition to Establish Parental Relationship, parentage can be established by:

1. giving birth to a child;
2. living with a child and holding the child out as your own; (holding out means presently publicly, by words and actions);
3. signing a voluntary declaration of parentage;
4. adoption;
5. participating in assisted reproductive techniques with the intent to become a parent;

Once parentage is granted Child Custody, he or she:

1. can choose the child’s place of residence;
2. can receive a child’s earnings;
3. has the duty to support the child;
4. has inheritance rights between parents and children;
5. has certain public assistance rights (for maintenance of the child);
6. has certain immigration rights;
7. has insurance beneficiary and survivor benefit rights;
8. has certain social security rights;
9. has standing to seek damages for injury or wrongful death (in a lawsuit);

In a Paternity Case, all potential persons who may have rights as parents need to be named in the suit (biological parents, presumed parents) If a child is over 12 years old, he or she must also be named as a party. In such cases, the Court will appoint a guardian ad litem or private counsel to protect the child’s interests. If the child is under 12 years old, it is discretionary with the Court whether the child will be named as a party to the case.