Child Custody attorney Mission Viejo

If you are searching for the best Child Custody attorney in Mission Viejo, look no further. Binoye Jos, of JOS FAMILY LAW is a compassionate, experienced attorney who will fight for your rights in a manner that is efficient and cost-effective.

Sometimes, even the best parents’ minds are clouded due to the emotional nature of Child Custody proceedings. These parents may even discuss such adult matters with their child. This causes undue hardship on a child, who should be protected from discussions regarding Child Custody, especially when there are hard feelings between the parents. When a child initiates a discussion about these issues, it is best to simply let them know that their parents are working it out, and to change the subject. And if your child continues to obsess about these matters, it may be a good idea to have a therapist speak with your child. At JOS FAMILY LAW our objective is, of course, to help our clients. In doing so, however, our focus must always be on what is in the best interests of the child.

Family Law is one of the very few practice areas where a good attorney can truly act as a counselor. As such, we at JOS FAMILY LAW have an opportunity to advise our clients when they are acting in a manner that is NOT in the best interests of their child. Unfortunately, some attorneys prefer lengthy litigation over a more peaceful mediation, even when the latter is a more suitable – and much less costly – solution for resolving conflicts that arise when making determinations regarding child custody. The only party who benefits from lengthy litigation is the attorney, and the benefit is purely financial. It is the attorney’s client who suffers.

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 needs and desires.

Civil Code of Procedure sections 583.310 and 583.360 and the California Rules of Court Rule 5.2(d), authorize the Court to dismiss a family law case that is not adjudicated within five years of commencing the case unless:

1. an order for child support has been issued;
2. an order for custody or visitation has been issued;
3. an order for spousal support has been issued;
4. a restraining order has been issued;
5. an issue in the case has been bifurcated and set for a separate trial;

If one party violates a Court order, the other party can file an Order to Show Cause for Contempt of Court.

For violation of family law orders, the statute of limitations is two years from the date of the incident. There are two types of contempt cases: direct where the contempt occurs in the presence of the Court and indirect, where it occurs outside the presence of the Court. These types of proceedings are considered “quasi-criminal,’ since the Judge could impose a jail sentence.

Contempt actions are typically defended based on the inability to comply. A cite (the person cited or charged) can also move for a motion to discharge which is similar in nature to a demurrer. This motion can be made verbally without prior notice. The basis of a Motion to Discharge is made on one or more of the following grounds:

1. Statute of limitations has tolled: 3 years for failure to pay support orders or 2 years for violations of Family Law orders;
2. Enforcement agency lacks standing
3. Prosecution of the charges constitutes double jeopardy.
4. The charging declaration fails to state facts sufficient to establish contempt. (However, this defect can be corrected by amendment).
5. The underlying order has been appealed and enforcement stayed.
6. The order is for payment of a debt to a creditor and contempt is unavailable to enforce it. (There are federal and state constitutional protection barring imprisonment for a debt).
7. The order is uncertain or ambiguous.
8. The order exceeded the Court’s jurisdiction and is therefore, void.
9. The Court lacks jurisdiction to punish for contempt. This can be raised as a defense if the Order sought to be enforced originated with a different Court than the one where the hearing for contempt is heard.

To be found culpable requires evidence that the Defendant disobeyed the order willfully with actual or constructive knowledge of the Court’s orders.

Such hearings also require that the Defendant appear personally before the Court. If the Defendant does not appear, the Court may issue an arrest warrant.

The Judge must advise an unrepresented Defendant that he or she has the right to counsel. The Judge must also give the Defendant a reasonable opportunity to prepare and present a defense. The Defendant cannot be compelled to testify against him or herself and the alleged contempt must be proven beyond a reasonable doubt. That is the highest standard.

The charges and any declaration in opposition are considered hearsay and are inadmissible for that reason. Therefore, the moving party must present admissible evidence in the form of testimony and documentary evidence at the hearing.

The Defendant has the right to cross-examine any witnesses and can object to any documentary evidence. If the Defendant is found culpable, then the punishment can be:

1. On the first finding of contempt, up to 120 hours of community service or imprisonment up to 120 hours.
2. On a second finding of contempt, up to 120 hours of community service or up to 120 hours of imprisonment.
3. On a third or subsequent finding of contempt, up to 240 hours of community service or up to 240 hours of imprisonment.

For violation of a judgment, the Defendant can be imprisoned up to 5 days or ordered to pay a fine of $1,000 payable to the Court or both.

If you have been served with an Order to Show Cause for Contempt of Court, it is advisable to call an Experienced Attorney like Binoye Jos at (714) 733-7066.