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Irvine Child Custody Lawyer Helping Children & Parents Through Custody Issues

Child custody disputes are some of the most complex and emotionally taxing parts of divorce. Still, it is also one of the most important and consequential aspects of marriage dissolution or separation. As parents, the decisions you make now are likely to have a lasting impact on your life as well as your children's. A poor custody arrangement can make it extremely difficult for you and your child to move on in life.

It may also be emotionally taxing for your child. They may feel helpless and confused while the court tries to determine their best interests. Despite your marriage ending, the best arrangement is one where both parents decide their future family structure.

Having a knowledgeable Irvine Child Custody Lawyer on your side early on in the case can confer a distinct advantage as you and your ex-spouse negotiate a parenting plan, enforce a child custody order, or modify a previous order. Child custody attorney Binoye Jos is here for you and your child.

We Handle Complex Child Custody Problems for our Clients

At Jos Family Law, we help parents who are going divorce or legal separation and facing the following problems:

  • Unreasonable or non-cooperating ex-spouse
  • The custodial parent preventing visitations with your child

At Jos Family Law, we help parents formulate child custody arrangements for a stable home and successful future for their children. Schedule a consultation with our child custody lawyer Irvine to discuss your specific situation.

Along with assisting parents in child custody matters, we also help establish paternity and grandparents assert their right to visit their grandchildren.

California Child Custody: Parenting Plans & Visitations

Whenever possible, it is beneficial for all parties to reach a child custody and visitation agreement on their own. The process can be made easier and foolproof with the help of a skilled and experienced child custody lawyer. At Jos Family Law, we understand that no one loves your children or understands your family dynamics the way you do - which is why we encourage our clients to cooperate and work out an arrangement rather than leave it to a California family court judge.

Attorney Binoye Jos works hard to settle differences between both parents without the arduous and stressful procedure of the court. We also have access to a wide network of experts to help you create a beneficial child custody agreement.

An Experienced Child Custody Attorney Irvine Can Help

If you live in Irvine and seek a resolution of your Child Custody matter, Binoye Jos is the best Child Custody Attorney in Irvine you’ll find. Mr. Jos experienced his own lengthy, costly Child Custody battle. After firing his attorneys for not obtaining a good result – the “best” in Orange County, and at the 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 could fight for you.

At Jos Family Law, we can help you in your child custody matter in the following ways:

  • Help you and the other parent draft a parenting plan & custody agreement
  • Negotiate with the other parent to create a custody plan
  • Mediate a solution to divide physical and legal custody with both parties
  • Present a compelling case to the court illustrating why you should be the primary custodian of your child
  • Enforce or modify a custody order
  • Protect your parental rights and your child's best interests at all times

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

CALL US
(714) 733-7066

At Jos Family Law we are available to provide consultations, at any time, including the weekends or evenings.

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Types of Custody in California

There are two basic types of custody in California - physical custody and legal custody.

  • Physical Custody: Physical custody pertains to time-sharing between parents and where the child lives. The courts mostly presume that a 50/50 child custody arrangement is in the best interests of the child.
  • Legal Custody: Legal custody allows the parents to make important decisions regarding the child's health, education, and religious upbringing. If the parents cannot cooperate and agree on such decisions, the court may award sole custody to a single parent and grant the other visitation rights.
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The parent without full custody or with the minor share of the time-sharing agreement will have regular visitation rights with the child. Our Irvine Child Custody Lawyer will assess your situation and ensure you spend time with your child and play a role in their upbringing.

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Sole Custody v Joint Custody

While the court prefers a 50/50 split, sometimes, it's not possible. In such situations, the court will award physical custody to one parent with whom the child will spend the majority of the time. This parent is called the custodial parent. It's worth noting that even though one parent may have the majority of the child's physical custody, they would still have to share legal custody with the other parent. This means both parents will make decisions regarding the child's education, healthcare, religious upbringing, and other important concerns.

  • Joint Custody: Joint custody is when the child spends approximately equal time with both parents. Courts favor this arrangement as it retains some sort of normalcy in the child's life.
  • Sole Custody: Sole custody is when one parent has the majority of the time with the child and the other parent gets visitation rights.

Child Custody in California: The Best Interests of the Child

Divorcing parents tend to disagree on child custody issues and often fail to cooperate toward a mutual agreement. When this happens, the court will create an order and decide physical and legal custody of the child.

Divorcing parents tend to disagree on child custody issues and often fail to cooperate toward a mutual agreement. When this happens, the court will create an order and decide physical and legal custody of the child.

  • Each parent's willingness to co-parent the child
  • The child's age and needs, including emotional ties to their school and community
  • Each parent's ability to care for the child
  • The relationship shared by the child with each parent
  • Any history of domestic violence or substance abuse by either parent
  • The child's preference, if above 14 years of age and nature is enough for consideration
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What Rights Do Fathers Have in California Child Custody?

California law doesn't differentiate between the father and the mother for determining custody. The court will solely determine what's in the best interests of the child before awarding sole custody to one parent or joint custody to both parents, irrespective of gender.

But if the child was born to unmarried parents, the father must establish paternity before he can exercise his parental right of custody. Similarly, an unmarried mother seeking support for her minor child must also prove paternity. If established, the court will order the biological father to support the minor child. The rights of a father include:

Requesting Custody

Fathers in California have the same rights as mothers in terms of custody of the child. They can request custody to the court after proving paternity. The court will order DNA testing of the mother, father, and child. Remember that the court will prioritize the best interests of the child above everything else.

Right to Visitation

If the father doesn't have physical custody of the child, he has the right to visit. Courts in California are driven by the belief that children benefit from regular and meaningful contact with both parents. It will establish a visitation schedule as per the parent’s availability and the child's needs

Modification of a Custody Order

If circumstances transform after a custody order, either parent may request a modification. Grounds for obtaining modification may include changes in the child's needs, changes in the job schedule of a parent, or a parent's relocation. Fathers also have the right to seek a modification to ensure the best interests of the child.

Establishing Paternity in California

Before an unmarried father can exercise his rights in California, he must establish paternity. Once established, he legally gains the legal right and responsibility to custody and visitation with his child.

Paternity can be established in several ways:

  • Voluntary Declaration of Paternity: In case both parents agree to paternity, they can sign a Voluntary Declaration of Paternity form which establishes paternity and gives both parties parenting rights. This form may be signed at the hospital after the child's birth or at any later date.
  • Court Order: If paternity is disputed, either party may submit a petition to the court to establish paternity through genetic testing.
Child Support Lawyer Orange County

Can I have Joint Custody? Steps to Take to Ensure a Shared Arrangement

Courts in California are driven by the belief that children benefit from regular and meaningful contact with both parents. When you and the other parent split, it's best to make a custody decision on your own, so that both parents get joint legal custody. A joint legal custody gives both parents the right to make important decisions regarding:

  • Children's education & extracurricular activities
  • The child's healthcare, which doctors to consult, and the kinds of medication they should take
  • What religion would the child follow and whether they should attend a formal religious place of worship?
  • Where the child will primarily reside and how often would they travel between both parents

These are a few decisions that both parents must agree on. While this cooperation can be difficult in some instances, there are alternatives available. Both parties can appoint a mediator who will help them work out an agreement that works for the new family structure and is in the child's best interests.

Choosing mediation will help you avoid lengthy court battles and the judge's decision that may not be favorable to anyone.

Violation of Parental Rights in California

If both parents create a custody arrangement and one of them violates it, such as making decisions without the knowledge of the other, it would constitute a breach of agreement and parental rights. It is critical to speak to a divorce lawyer Irvine as soon as possible. Violation of custody arrangements could have serious consequences for the violating party, which may even include a change of custody. Some examples of custody violations may include:

  • Denial of visitation to the non-custodial parent
  • The non-custodial parent keeps the child for more time than specified in the agreement or order.
  • The non-custodial parent refuses to return the child and keeps them beyond the agreed-upon dates.

If your parental rights have been violated, you need a child custody lawyer you can trust. We understand how difficult such situations are, and we will use our experience and knowledge to make it easier for you.

Schedule a consultation to learn more about how we can protect your parental rights by taking the violating parent to court.

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Can Gender, Sexual Orientation, & Immigration Status Affect Custody in California?

California law prohibits child custody determinations based on the parent's sex, gender identity, and sexual orientation. The sole criterion is determining what would be in the child's best interests. Even a parent's immigration status won't affect their parental rights, and such a parent can also obtain custody.

Furthermore, a judge may also recognize more than two parents of the child if recognizing only two parents wouldn't be in the child's best interests.

When Children Have More than Two Parents

In certain instances, the judge may conclude that a child has more than two parents if recognizing only two parents would be detrimental to the child. This is laid down in California Family Code 7612(c) (2014). Here are a few examples of such a scenario:

  • An unmarried woman has a child with a man who has been involved in the child's life. Meanwhile, the woman marries another man or has a live-in partner who has taken up the role of parenting with the child. The judge may then recognize all three as parents if recognizing only one of the men would be detrimental to the child.
  • Two unmarried women have a child using sperm from a donor, and the donor also wants to exercise his parental rights.
  • A couple decides to adopt a child as stepparents, but the birth mother also wants to be involved in the child's life

In these scenarios, the judge will consider the child's best interests when deciding custody and visitation between the parents. Each case will be decided as per its unique circumstances. The judge will take into account the emotional bond the child has with the parents, the patterns of care established between the parents and the child, and the child's needs for continuity and stability.

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Can Children Decide Custody in California?

Under California law, the child's preference may be considered if the child is above 14 years of age and mature enough to have an intelligent preference regarding custody and visitation. The judge may give weightage to their wishes but must consider their best interests before rendering a verdict.

If the judge is of the view that the child testifying in court may be inappropriate, they may work out another way to obtain their input, such as speaking to the child privately in their chamber. Parents may be required to abstain from being present when the child is expressing their preference if the judge thinks their presence would be detrimental to the child's interests.

If the judge deems fit, it may appoint a guardian ad litem to advocate for the child and report their preferences. In rare events when the case is extremely contentious, the judge may require the child to be represented by their own attorney to safeguard their interests.

California Law on Visitation Rights

California's public policy ensures that children have frequent and continuing contact with both parents after a divorce or separation. The court will assign a primary custodian and non-custodial parent, with the latter having visitation rights as long as it would be in the child's best interests.

There are various visitation arrangements that the court may set up to ensure the non-custodial parent spends time with the child and forms a meaningful relationship with them. Ideally, it's best that the parents work together to create a visitation schedule that best suits the child's needs and their circumstances, rather than leave the decision to the judge.

Common Visitation Schedule

The court may set up a visitation plan that may include overnight visits, alternating on specific weekends, the child visiting the non-custodial parent during holidays and vacations, or extended visitation by the custodial parent during the summer break.

Supervised Visitations

In case a domestic violence restraining order has been issued against the non-custodial parent, the judge may limit the visitation to a supervised or virtual visitation. The court will appoint someone (such as a relative or a social worker) to oversee the visitation. The supervisor's job is to be present during the visitation and be attentive without interacting with the parent or the child, unless necessary to protect the child's safety.

Furthermore, the judge may also tweak the visitation order to protect other family members and eliminate any opportunity for further abuse.

Conditional Visitation

The judge may put additional conditions or safeguards in place. In instances where the non-custodial parent had a history of alcohol abuse, the judge may require the parent to abstain from alcohol for a specific period of time to qualify for a visit.

Suspended or Denied Visitation

If the non-custodial parent has a history of abuse and the judge determines that their mere presence could be a threat to the child's safety or well-being, the visitation rights of the parent may be denied altogether.

In case of a serious domestic violence allegation, the judge may issue a restraining order which includes suspended visitation until the charges are proved or disproved.

To avoid potential issues in future visitations, it's best to create a visitation schedule that is as specific as possible. Such specifics should include everything from pick-up and drop-off locations and times to transportation duties.

Hire a Irvine Child Custody Lawyer who has experience in drafting visitation schedules tailored to the needs of the parents and the best interests of children. At Jos Family Law, we have helped draft thousands of visitation agreements that protect our client's parental rights.

Modification of Child Custody Orders in California

Circumstances may change in anyone's life - the same holds true for divorced parents. Any change in their needs or their kids as they grow older may prompt parents to seek a modification to the parenting plan.

Some examples may include:

  • A minor child wants to live with the noncustodial parent due to persistent conflicts with the custodial parent's children or new spouse.
  • Changes to a parent's work schedule, making it difficult or impossible for them to be available under the current child custody plan

Be aware that you cannot change a parenting plan on your own. If you do so, the other parent may request the court to enforce the custody order, and you could be facing serious consequences like losing custody or contempt of court.

Child Support Lawyer Orange County

To modify an existing order, you must file a motion that seeks such a change. Just like the original custody order, you and the other parent may agree on a change, but even then, you will have to submit the modified agreement for the judge's approval.

If you and the other parent cannot decide, the judge will decide whether a modification is required or not. Depending on the best interests of the child, the judge will grant or deny custody modifications.

During the hearing, you must prove that there has been a substantial change in circumstances since the original custody order and that your proposed modification would be in the child's best interests

In some instances, courts have allowed modification of the parenting schedule only, if both parents have joint physical custody. However, this does not apply to changing the child's primary residence. Either way, the requesting parent has to show that such a modification is in the child's best interests.

However, different rules apply when the custodial parent seeks a modification to move away with the child to another state.

Does Child Custody Affect Child Support

Child custody and child support are two separate issues in California. Once the court determines how physical and legal custody are to be divided between the parents, it will order one of the parents to pay support.

Child support is viewed as the legal duty of parents to help their minor child. Remember that no matter who gets custody of the child, the court may order child support to cover the basic living expenses and ensure the well-being of the child. Generally, child support and child custody are interlinked in a California divorce:

  • In most cases, the primary custodian receives child support from the non-custodial parent.
  • The custodial parent cannot breach a custody order or agreement, such as denying visitation rights to the non-custodial parent, even if the non-custodial parent misses or refuses to pay child support.
  • The custody rights of the non-custodial parent will not be affected if they miss child support payments. However, they may face legal consequences such as contempt of court, jail time, fines, wage withholding and garnishment, or sale of property.

Whenever possible, We Encourage our Clients to Cooperate on Custody Matters.

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 clients and their children’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 their child's best interests before deciding that the child should live with only one parent.

Sometimes, overprotective parents genuinely believe that they are the only parents who can properly care for their children. 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, 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 JOS FAMILY LAW. 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.

Schedule a Consultation with Child Custody Attorney Irvine Today

Whether your child custody case is contentious or not, having an attorney by your side can take the stress away and provide peace of mind during an uncertain time. At Jos Family Law, our child custody attorney will fight for your best interests and parental rights. We can secure your rights and your child's best interests inside and outside the courtroom.

We understand how important parental rights are for you. We will work tirelessly to ensure your custody and visitation rights are protected and you spend meaningful time with your children.

Call (714) 733-7066 or send an email to jos@josfamilylaw.com to schedule a consultation with our experienced legal representatives today

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Frequently Asked Questions

When parents cannot agree to a child custody arrangement, they will be required to attend mediation to resolve the issue. Mediation may take place whenever the parents wish or automatically assigned by the court. A professional mediator will hold the mediation session at the Family Court Service Office. The mediator will assist both parties reach an agreement regarding custody, visitation, and parental rights. If the parties fail to agree or reach a partial agreement, the court will address the issue in a hearing.

No. Either parent can file a Petition for Custody and Support of Minor Children in the absence of any other case at the time. This petition can be filed if you are married to the other parent, or if unmarried parents sign the Voluntary Declaration of Paternity. If you and the other parent want a divorce or separation later, a separate petition must be filed with a separate legal fee.

In California, there is no predetermined outcome in a child custody case. The court does not favor one parent over the other due to any reason - gender, sex, or sexual orientation.

The court will be guided by the best interests of the child standard, with fairness to parents coming secondary. Unless the court finds evidence that either parent is unfit for parenting, it will assume that the child will benefit from continuing and meaningful contact with both parents.

Either parent may submit a request to the court asking for a change in the custody and/or visitation order if circumstances have changed since the original order. Some instances include changes in the child's educational needs, healthcare needs, or if one parent wants to move away.

The petitioning parent must complete the Request for Order form and file it with the court clerk. The court clerk will set an appointment for mediation where both parties and a neutral mediator will try to reach an agreement. If an agreement is reached, the court will consider the changed circumstances and determine if the request is in the best interests of the child. Based on this determination, the court will either make a new order or deny the request.

The primary factor in child custody determinations is the best interests of the child. The court may consider the child's wishes if they are above 14 years of age and display maturity, but it will consider a host of other factors, like:

  • Each parent's willingness to co-parent the child
  • The child's age and needs, including emotional ties to their school and community
  • Each parent's ability to care for the child
  • The relationship shared by the child with each parent

Whether the judge will consider the child's opinion depends on a case-to-case basis. The judge may accept the child's wishes or not as per their best interests.

Joint custody is the most common arrangement in California, even though this may not mean an even 50-50 split. Sole custody is generally awarded when one parent is absent, uninterested, or unfit for parenting.

It is worth noting that even if the court awards sole custody to one parent, the other may get visitation rights, possibly under a supervised environment.

You may include a request for an ex parte temporary custody order when you first file for custody or any time thereafter. The judge will only grant such a request if there is an imminent threat to the child's safety or an immediate risk that the child will be removed from the state. Immediate danger to the child includes but is not limited to, being recently or continually abused by a parent who has committed domestic violence, or being recently or continually sexually abused.

Third-party custody arrangement means someone other than the child's parent gets physical and legal custody of the child. This person is usually a grandparent or a relative who has provided significant emotional or financial support to the child in the past.

Grandparents can apply for supervised or partial physical custody if:

  • The child has lived with them for 12 months or more
  • The child's parent to whom they are related has died
  • The parents are separated for more than 6 months

If either parent disobeys or violates the curing order, they may be charged with contempt of court and fined or jailed. The judge may also rescind their custody or parental rights due to repeated breaches of the custody order. In cases where the child is in imminent danger, the police may be able to help.

If the other parent has violated the custody order or you need to enforce the order, speak to our experienced child custody attorneys in Irvine as soon as possible. We will ensure your parental rights are protected in court.

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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