Best child custody Attorney in Buena Park
Binoye Jos is the best Child Custody lawyer in Buena Park. Mr. 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 orange county child custody lawyer. 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 jos@josfamilylaw.com. We look forward to discussing your Child Custody matter with you, and helping find the solution that best fits your particular situation.
In awarding or modifying Spousal Support, the Court considers and weighs the balance of hardships to each party. For example, in Marriage of Schu (2016) 6 CA5th 470, the Court denied Spousal Support to a wife based on a finding that her assets were sufficient to enable her to support herself. In that case, the Court also considered the fact that the wife had abused her children in deciding to deny support.
Another factor the Court considers in Spousal Support awards is the goal that the Supported Party is expected to become self -supporting in a reasonable period of time.
In so doing, the Court looks at:
- what might be required for the supported party to develop or acquire marketable skills
- the extent to which his or her earning capacity is or will be impaired by any periods of unemployment during the marriage to devote time to performing domestic duties.
Generally, the Supported Party is expected to acquire skills by seeking education or training in a field that is likely to lead to employment rendering reducing or erasing the need for future Spousal Support.
For example, in a marriage where both spouses worked, spousal support may be limited if the Supported spouse developed sufficient experience suitable for re-employment.
The Court can also deny Spousal Support based on a criminal conviction for abuse of the Spouse paying the support. Moreover, under Family Code Section 4324.5(a)(2)-(4), the victim spouse may even be awarded 100% of the community property interest in retirement and pension accounts.
The Court can also deny Spousal Support based on a criminal conviction for abuse of the Spouse paying the support. Moreover, under Family Code Section 4324.5(a)(2)-(4), the victim spouse may even be awarded 100% of the community property interest in retirement and pension accounts.
In deciding whether to award or modify Spousal Support, the Court can consider any other facts the Court deems to be fair. For example:
- a supporting spouse’s financial obligation to third parties, such as disabled adult children that the supporting party is also supporting.
- The reduced standard of living during a time where one spouse completed their education in anticipation of a higher standard of living thereafter;
- The need for help with domestic chores and child-care while attempting to become self-supporting through education or training.
- Monetary gifts from a third party to the supported spouse;
If you want to know if you qualify for Spousal Support, call experienced Attorney Binoye Jos for a consultation at (714) 733-7066.
At Jos Family Law we are available to provide consultations, at any time, including the weekends or evenings.
Request a consultationA Seasoned Attorney Trusted by Clients, Peers, & Judges
Binoye Jos is a compassionate and understanding child custody attorney. Having gone through his family law case, he understands the confusion and emotional difficulties at such times.
He left a multi-billion dollar industry to pursue a reputable legal career. After winning custody of his child, he graduated from law school and has been serving individuals and families across OC for several years.
When you trust Jos Family Law with your child custody dispute, you place your trust in professionals who are willing to walk the extra mile to achieve the best possible outcome. We have comprehensive experience in all areas of family law including divorce, child custody & support, alimony, asset division, etc.
Our seasoned knowledge and skills enable us to provide high-quality representation in complex, often intertwined family law cases. We are also highly resourceful and can obtain an efficient resolution that safeguards the rights and interests of your loved ones.
Types of Child Custody in California
Children have the right to spend time with both parents, provided they are cared for appropriately. There are two types of custody issues in California - legal custody and physical custody.
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Legal Custody
Parents with legal custody can make important decisions about the child's life, including:
- Education or Childcare
- Healthcare
- Extracurricular Activities
- Religious Upbringing
- Travel
- Residence
Legal custody can be:
Sole:Where only one parent has the right and responsibility to make important decisions about the child's education, healthcare, and welfare.
Joint:Where both parents have the right and responsibility to make important decisions about the child's education, healthcare, and welfare.
Courts prefer a joint legal custody arrangement where both parents can make decisions on the child's life. However, they do not have to agree on all decisions. Any parent can make a decision alone, but to avoid future disputes, both parents should communicate before arriving at a decision.
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Physical Custody
Physical custody is the living arrangements of the child, or which parent the child would reside with. Physical custody can be:
Sole Physical Custody:An arrangement where the child resides with one parent and the other parent has visitation rights.
Joint Physical Custody:An arrangement where the child lives with both parents, as per a time-sharing agreement.
Joint legal custody doesn't always mean that the child will spend exactly half the time with each parent. Often, the child spends a little more time with one parent than the other. The parent who gets more time is known as the primary custodial parent, and the other is known as the secondary custodial parent.
At Jos Family Law, we can achieve a favorable child custody arrangement through negotiation, mediation, or litigation. Our child custody lawyers Buena Park are well-versed in all aspects of California child custody and family laws.
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