Child Custody Lawyer Westminster

If you live in Westminster and are looking for a compassionate, experienced Child Custody attorney, 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 Westminster.

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.

A Court can make temporary orders for custody or child support in a Paternity case, a Divorce case, or a Request for Domestic Violence Restraining Order (DVRO) case.

In a divorce or restraining order case, a court can also make temporary orders for spousal support. The Court can order child support or spousal support retroactive to the date of filing of the petition.

In a divorce or paternity case, temporary orders are requested by filing a request for order. Requests must be served on the other person at least sixteen court days before the hearing. Any response must be served and filed at least nine court days before the hearing. Any reply must be served and filed at least five court days before the hearing.

If these timelines are not followed, the other party can request that any document filed or served late be stricken or ignored based on that defect.

The person requesting such orders is also required to meet and confer with the other person before the hearing. Meeting and confer is the process of trying to negotiate a settlement on some on all or some of the issues before the Judge hears the case.

The party serving the request for orders must include blank response forms for the other side to fill out and serve. Any request for order filed after a Judgment has to also be personally served on the other person.

Based on California Rules of Court Rule 5.98, a meet and confer can be in person or by telephone. Do not be tempted to argue with the other side. Instead, you should try to sincerely attempt to resolve all issues through settlement. Before or during such a meeting, both persons must exchange any documents they intend to submit at the hearing.

In a custody case, Family Code Section 3170 requires both parents to attend mediation first. The mediator can speak to both parents together or separately.

The person requesting such orders is also required to meet and confer with the other person before the hearing. Meeting and confer is the process of trying to negotiate a settlement on some on all or some of the issues before the Judge hears the case.

The hearing itself can be evidentiary in nature if either person requests it. This means that parties can call witnesses and submit evidence to the Court.

The Judge will then ask for a time estimate. This can be as short as 15 minutes or as long as two days. Based on Family Code 217, If a party seeks to present live testimony from someone other than the party, he or she must file and serve a witness list.

If you need assistance with your Request for Order, it is best to consult with an experienced attorney such as Binoye Jos. Call now for a consultation at (714) 733-7066.