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Child Custody Lawyer Costa Mesa Focusing on Your Children

At Jos Family Law, we ensure that parents remember that their children are the real focus in a custody dispute. Our Costa Mesa child custody lawyers work with parents throughout Orange County to reach an outcome that is in their child’s best interests and benefits all parties involved.

Nothing is more overwhelming for a child caught up in a custody battle. Our attorneys are parents themselves, fully understanding the taxing nature of child custody cases. That is why we offer compassionate, through-and-through support to families going through one of the toughest times in their lives.

Contact our Costa Mesa child custody attorneys for seasoned & effective representation. Call (714) 733-7066 to schedule a consultation with our law firm today.

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(714) 733-7066
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An Overview of Child Custody in California

Child custody refers to the care and financial well-being of minor children after divorce or separation. California Family Code § 3020 emphasizes that the children have frequent and continuing contact with both parents after separation unless it would be detrimental to the child's best interests. The court prioritizes the safety and welfare of minors over fairness to parents.

When determining the best interests of the children, the court applies several factors, including:

  1. Health, safety, and welfare of the child
  2. The relationship shared by the child with each parent
  3. Any history of substance abuse of either parent
  4. Any history of physical or sexual abuse by either parent

PHYSICAL CUSTODY

Physical custody refers to the percentage of time the child will spend with each parent. It is a time-sharing arrangement for the living accommodation of the child. If a parent gets more than half the time, they are known as the custodial parent, while the other is called the non-custodial parent.

To decide on physical custody, the court will consider the following:

  1. How much time each parent can dedicate to the child
  2. Where the child goes to school
  3. Other discretionary factors, as deemed relevant by the court

Joint Physical Custody: Under this arrangement, the child will live with both parents. The time-sharing is determined by the court based on the above factors.

Sole Physical Custody: The court may award sole physical custody to one parent in some circumstances. For instance, if the other parent lives far away or travels a lot, it would be more convenient for the child to live with one parent. Sole physical custody may also be awarded if the other parent has a history of domestic violence or substance abuse.

LEGAL CUSTODY

Legal custody is the right of parents to make important decisions regarding the child's upbringing. These include:

  1. Education
  2. Healthcare
  3. Religious Upbringing

Thus, the legal custodian can decide where the child goes to school, whether the child receives religious education and the recreational activities the child can participate in.

Legal custody is also further divided into joint legal custody and sole legal custody.

Joint Physical Custody: Both parents have the right to make important decisions about the child's life. Legal custody is mostly divided between both parents, even if one has sole physical custody. The court will generally create an agreement that keeps both parents involved in the child's life unless it deems one of them unfit for parenting.

Sole Physical Custody: Sole legal custody is when only one parent is permitted to make decisions for the child's education, healthcare, and welfare. This custody arrangement is awarded when one parent has a history of abuse or drug use or if the court believes that both parents cannot mutually agree to a decision regarding the child's best interests.

Visitation (Parenting Time)

In sole physical custody, the noncustodial parent has the right to visit or spend time with their children. This is often called visitation rights of the noncustodial parent, which is part of the parenting plan. At Jos Family Law, we fight for the rights of parents to have the parenting time they deserve.

Our Costa Mesa child custody attorneys can help:

  1. Enforce the visitation agreement on behalf of a non-custodial parent
  2. Modify parenting plans due to a change in the circumstances of the custodial or noncustodial parent
  3. Modify visitation schedules
  4. Establish the visitation rights of grandparents wishing to see their grandkids
  5. Contest requests for relocation, moving, and international custody issues

Which Parent Will Get Custody?

It must be remembered that California laws do not allow determining custody based on race, gender, or sexual orientation. A mother won’t get custody simply based on gender. The court will analyze what’s best for the child before awarding custody to one or both parents. Our experienced and knowledgeable Costa Mesa child custody attorneys are ready to assist you in every way possible, so you achieve your goals.

It is also not certain that the court will award joint custody in every case. Joint custody is only awarded when both parents can cooperate and work together on the health, education, religion, and general welfare of the child. This arrangement will not be imposed upon hostile parties engaged in bitter disputes.

If parents are on amicable terms and can make decisions together, joint custody is a more viable option. However, giving joint custody to parents engaged in constant disputes is more likely to cause greater conflict. In such cases, the court will choose one parent to be the sole custodian of the child and confer visitation rights on the other.

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Our Approach to Child Custody Disputes

We have unparalleled knowledge & experience in child custody cases. We only take those cases to trial where litigation is the only option. In situations where trial can be avoided, we provide diligent counsel to negotiate a fair & amicable settlement that reflects both parties’ needs and desires. When we take your case, we create a tailored strategy to pursue the desired results.

After understanding your situation, we work with you to set fair and reasonable expectations regarding the outcome of your case. If required, we also have access to psychologists and social workers to evaluate the mental health of parents and children and help them throughout the trial.

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Need an Urgent Custody Modification?

Seeking an emergency custody modification becomes necessary when circumstances change significantly, such as:

  1. The co-parent wants to relocate with the child without your consent or the court’s approval
  2. If you notice signs of child neglect or abuse by the other parent
  3. If you have reason to believe that your child is in imminent danger.

Our Costa Mesa child custody lawyers will explain your rights and options if you suspect any of the above. We understand the importance of protecting your child and will proceed quickly to secure your child’s safety.

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Binoye Jos

Founder & Lead Attorney

Binoye Jos is a skilled child custody attorney serving Costa Mesa and nearby areas. Having experienced his very own family law dispute, he walked away from a multi-billion dollar industry to win 50% of his child's custody. After graduating from law school, Binoye Jos was driven by the sole dedication to helping individuals and families in their greatest time of need.

He specializes as a family lawyer and has served Orange County clients for several years with a successful track record. Providing unwavering support and zealous advocacy to his clients, Binoye Jos has carved a reputation as the best child custody attorney in Costa Mesa and Orange County.

If you are going through a child custody dispute or any other family law problem, don't hesitate to contact Binoye Jos for a consultation. He will guide and represent you toward a favorable resolution.

Contact Costa Mesa Child Custody Lawyers

If you're facing or expecting a child custody dispute, contact Jos Family Law for a consultation. Our Costa Mesa child custody attorneys will review your case and tailor a winning strategy as per the circumstances.

Costa Mesa Family Law Practice Areas:

Frequently Asked Questions

The court always considers the best interests of the children when deciding child custody cases. In most situations, the parents agree to an arrangement, which is then finalized by the court. If they cannot reach an agreement on their own, they may try mediation. The last resort is the court issuing an order that both parents must abide by.

The most common child custody arrangements in Costa Mesa include joint physical custody, sole physical custody, joint legal custody, and sole legal custody. Joint legal custody is the most preferred arrangement where the court allows both parents to decide on the child's upbringing.

Physical custody refers to the living accommodation of the child. The parent who lives with and takes care of the child is the primary custodian, while the other is the secondary custodian and has visitation rights. Legal custody is the right and responsibility of one or both parents to make important decisions regarding the child's education, healthcare, and religious upbringing. Legal custody is mostly awarded jointly to both parents so they can equally participate in the child's upbringing.

The courts favor a joint physical and legal custody arrangement if it is in the best interests of the child. As a general rule, the court prefers both parent's involvement in the child's life. However, in some circumstances, sole physical or legal custody will be awarded if one parent lives far enough, travels often, or is considered unfit for parenting by the court.

While you are under no obligation to hire an attorney for your child custody case, it's highly advisable to do so. Child custody laws are nuanced, and you cannot afford to make a mistake when it comes to your children's future.

Even if you and your ex-spouse are resolving the matter through negotiation, a child custody attorney will ensure you aren't taken advantage of or haven't been compelled to agree. In cases that go to trial, having an attorney is extremely important. It needs skills, knowledge, and experience to present compelling arguments and evidence to obtain a favorable outcome. An attorney will also ensure your rights are protected throughout and the court gets a clear picture of your situation.

Get In Touch

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.

(714) 733-7066

jos@josfamilylaw.com

1918 W Chapman Ave Suite 200, Orange, CA 92868

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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(714) 733-7066