--> Westminster Child Custody Lawyer | Jos Family Law

Child Custody Lawyer Westminster

Request a consultation

Best Child Attorney Custody 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.

Westminster-forest-child-custody-attorney

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.

Get in Touch

Westminster-forest-child-custody-attorney

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.

Get your consultation today

(714) 733-7066

Binoye Jos - Lead Attorney at Jos Family Law

Recognized across Southern California as one of the best child custody attorneys in La Habra, Binoye founded Jos Family Law to provide experienced and compassionate representation to clients for all their family law disputes.

Having experienced his matrimonial problems, Binoye clearly understands the plight of parents and children. Before becoming an attorney, he worked in a multi-million dollar industry that provided very well to his family. However, he found himself embroiled in a family law dispute, which took 198 filings, two attorneys, and cost $400,000. Knowing that he had to act for himself, Binoye represented himself and won 50% of his son's custody. He then attended law school and became a family law attorney dedicated to helping families in Southern California. At this point, he understood his life's purpose.

Binoye dedicated himself to the community and is passionate about helping his clients find favorable solutions to complex family law problems. All our attorneys understand how draining child custody and other family law disputes can be. With 55 years of combined experience, our La Habra child custody attorneys are committed to resolve your disputes as quickly and cost-effectively as possible with minimal conflicts.

If you are preparing for a divorce or child custody case, we encourage you to consult with our child custody lawyers in La Habra for a comprehensive case evaluation. Call (714) 733-7066 or send an email to jos@josfamilylaw.com to get in touch.

Factors Judges Consider When Making Child Custody Decisions in California

Judges consider the following factors before ordering a child custody arrangement:

  • The relationship the child shares with each parent
  • Each parent's ability to care for the child
  • The parent's willingness to work together on matters concerning the child
  • Any history of domestic violence or substance abuse by either parent.
  • The child's specific needs
  • The child's wishes, if above 14 years of age and displaying maturity and intellect
  • Each parent's involvement in the child's life before divorce or separation
Binoye Jos - Lead Attorney at Jos Family Law

The list is not exhaustive; judges are granted discretionary powers in considering other factors that are relevant to the specific case. For instance, if one parent tries to sabotage the relationship between the child and the other parent, it will significantly decrease their chances of getting custody.

Our child custody attorneys in La Habra provide knowledgeable guidance that increases your chances of custody and aligns with your child's best interests.

Types of Custody Arrangements

California has two types of custody:

Physical Custody

Physical custody refers to which parent the child will live with or spend the majority of the time with. The parent spending the majority of the time is called the custodial parent, who is also the primary caregiver. The other parent is called the non-custodial parent with whom the child may live alternatively.

Legal Custody

Legal custody is the right to make decisions regarding the child's education, healthcare, and religious upbringing. Legal custody can be sole or shared. Remember, joint legal custody may be ordered even if one parent does not live with the child.

Joint Custody or Sole Custody?

Both physical and legal custody can be awarded in different combinations. Some common arrangements include:

Shared Legal & Physical Custody

A parenting plan where both parents can spend a stipulated time with the child. Both parents have equal rights and decision-making authority concerning the child's education, healthcare, and religious upbringing.

Joint Legal Custody with Sole Physical Custody

This arrangement means both parents must agree on important decisions concerning the child's upbringing, but the child spends most of the time in a year with one parent. This is the most common arrangement because it may not be practically possible for the child to travel to both parents' residences to spend time equally. The court designates a primary custodian who will spend most of the time with the child, while the other may live with the child during holidays and weekends.

Consult with the Best Child Custody Attorney in La Habra

At Jos Family Law, our child custody attorneys in La Habra will work with you and your ex-spouse to negotiate a favorable and reasonable parenting plan that satisfies the needs of both parties. If both parties are still at an impasse, we will advocate fiercely for your rights in court.

Call (714) 733-7066 or send an email to jos@josfamilylaw.com to schedule a consultation with Jos Family Law today.