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At Jos Family Law, our Orange county family law attorneys have extensive experience in cases involving child support modification and child support. Contact us today at (714) 733-7066 for a free consu... View More
Orange County Child Support Lawyers
At Jos Family Law, our Orange county family law attorneys have extensive experience in cases involving child support modification and child support. Contact us today at (714) 733-7066 for a free consu
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Everything You Need To Know About Sole Physical Custody - And How To Win One
What is meant by the term "sole physical custody?" Here we shall describe the term in-depth. Ensure you're clued up as to ... View More
Yorba Linda Family Law Attorneys | Best Child Custody Lawyers
With top-rated and best positive revives, we are the best family law attorneys in Yorba Linda, CA. Get a free initial consultation today regarding all your family law matters.
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BinoyeJos
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The most crucial part of winning a child custody case is realizing that you need child custody help. Realize the gravity of the situation. Somebody is going to keep your kid. That somebody might not be you. Don't forget to consider the whole situation from your child's' point of view. Depending on their age, they might not even understand what is happening around them. They can only sense that their world is being knocked upside down.
Remember, the custody law differs by jurisdiction. Do your homework and know what you're up against. Always seek a good attorney to defend you. They should be able to navigate the complexities and provide you quality child custody assistance.
There are few factors that you need to consider, such as to be sure to avoid cohabitation too early in a new relationship. In all areas of your life, make a significant attempt to achieve or maintain stability during this period, and make sure to look great in court.
The judge is going to listen a lot more to your ex throwing out allegations if you look like a sinner. Get a haircut, press your outfit, and look like you mean business. Think of it as your most important job interview, whether or not you get to be a full-time parent.
And lastly, don't make a scene during the hearing. There isn't enough child custody help in the world to cover up an adult temper tantrum. Consider it your mission to make the judge remember you for good things, not bad.Â
Don't risk the trauma of losing your children's custody, or having limited visitation rights by not understanding child custody laws, call the law office of Jos Family Law for the best advice.
Find out the right custody solution and how you can practically ensure a victory in your custody trial with the bestÂ
child custody attorney in Anaheim, CA. For a free initial consultation, contact Jos Family Law at 1-714-733-7066.
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BinoyeJos
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Few family law issues are more disputable than child custody. Sometimes parents agree to a custody agreement that is in the best interest of their children. This is not the case always, sometimes parents cannot come to terms and therefore the judges need to mediate and resolve the issue for them.
Types of Child Custody
There are the following types of child custody:
Physical custody-
The parent with physical custody has the responsibility for the upbringing and support of the child. The child lives with the custodial parent most of the time, like during the school period. The parent with physical custody is called the "primary custodian" or “custodial parentâ€.
Legal custody-
Legal custody gives the parent the right to make crucial legal decisions for the child. Some examples are decisions regarding medical care, religious upbringing, choosing a school, extracurricular activities, etc.
Joint custody-
Joint custody is granted to both parents but is dependant on the agreement of both the parents. A child has to split its time equally for both parents if they are granted joint legal custody.
Temporary custody-
It is a custody arrangement only for the duration of the divorce process. It is the first thing that a judge decides after the divorce is granted. Temporary custody should not be overlooked. It is highly possible for a temporary child custody order to turn into a permanent order, so the parents must stay intimately involved with their children during the divorce process.
Factors Determining Child Custody
When parents disagree on child custody, a judge has to intervene in the issue. The judge's priority is always the best interests of the child and not the best arrangement for the parents. Courts consider many factors, including:
1. Both parent’s efficiency as a parent, including their weaknesses and strengths. This factor could go against you if you are unable to keep a growing child under control.
2. Each parent’s ability to give financial resources, stability to provide home, and some other factors also.
3. Which parent has cared most for the child? If both parents are working, then the one who provided more care will gain custody.
4. Each parent’s mental and physical health. Drug addiction and alcoholism go strictly against your claim to the custody rights.
5. Each parent’s work schedule. If you have a travelling job or a business it will hamper your claim.
6. The child’s relationship with other family members.
7. History of domestic violence. Domestic violence includes emotional, physical, sexual, mental, and financial abuse. Domestic abuse creates a very negative impact on the judges and goes against your custody rights.
8. Parent’s willingness to cooperate with each other and encourage a relationship.
9. The child’s preference if old enough (depending on their age).
It's a popular opinion that the court always prefers the mother for custody over father. However, this is not a true judge's criteria for deciding Child Custody Attorney Orange, CA is purely dependent on the best interests of the child and not the preference of the parent.
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BinoyeJos
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Child custody is the most complicated and contested part of the divorce procedure. That's where a skilled child custody attorney comes. After divorce, parents must divide their time to correctly spent it with the child. The court follows the simple principle of doing what's in the best interest of the child. It can be a callous decision to take for the judges because there is no fixed formula.
An experienced Child Custody Attorney Orange, CA understands how tough it can be to raise a child with both parents living apart. They also know the importance of this legal issue on a personal level.
Types of Child Custody
There are usually two types of child custody physical custody and legal custody. Physical or residential custody is deciding where the child will live. Legal custody grants rights to the parent to make crucial decisions regarding a child's life and betterment. Three significant decisions come under legal custody include the child's schooling, health, and religious upbringing.
Both custody can be "joint" or "sole." Sole legal custody gives the right to only one parent to make major decisions about a child, and joint legal custody grants both parents equal right to make significant decisions about the child's upbringing. Likewise, sole physical custody gives considerable powers to the custodial parent, and the child has to spend most of the time with this parent. The other parent will have visitation rights. Joint physical custody gives each parent the right to spend an equal amount of time with the child.
How the Court Makes Child Custody Decisions
Courts will consider:
1. If the child is old enough then the wishes of the child
2. The primary caretaker of the child
3. The ability as a parent
4. Any history of domestic or child abuse
5. Any history of drugs or alcohol abuse
6. How cordial are the parents with each other
7. The mental and physical health of both parents
8. Work schedule of each parent
The court does not consider the factors like:
1. The parents' race.
2. The parents' religion.
3. The sexual orientation of the parents.
4. Sexual behavior of the parents.
But the court might consider these factors if it negatively affects the child's best interest.
Custody Order
In these cases, the court will take testimony from both parents after ordering a hearing. The court might also order witnesses to testify, such as professional psychologists who have treated the parent or child, close relatives of the child, and also other significant-close ones.
The court may investigate further, if it feels necessary to the judges, such as sending professional psychologists or social workers to check the parents' homes and interview anyone they think is essential to the issue. After scrutinizing all the pieces of evidence, the judge will make a decision and issue the custody order.
Custody Order Modification
Parents can file for a modification of a custody order, but only after providing significant evidence of change in circumstances. Courts prefer not to make children go back and forth between parents and suffer more than it is required and will only modify its current custody order if it has a legit reason for doing so.
https://josfamilylaw.com/child-custody-lawyer-santa-ana.php
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BinoyeJos
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You really need professional help from an experienced child custody lawyer to go through a child custody issue.
Child Custody Lawyer
Duties:
1. He will present your side in mediation and disputes that involve your children.
2. If you are separating or divorcing, he will make sure you become the primary parent of your child.
3. He will guide you through all the paperwork required in the process.
4. If your case reaches the court stage, he will represent you in the court.
5. He will negotiate better child support wages.
How To Know If you Require A Child Custody Lawyer
A child custody lawyer is highly recommended for the custody related issues of your child after your divorce or separation. Because all divorce or family issues lawyer may not be qualified for child custody cases. It becomes extremely helpful to have a professional lawyer on your side, especially when it will decide with whom your kid will live and who will support the kid.
Child Custody Lawyer - Fees
Different lawyers charge and bill differently based on their approach. Lawyers may charge a fixed amount which includes all of the services for uncomplicated and unchallenged cases. An hourly standard rate is also available and you can consider it if you are willing to go to court.
Expectations From A Child Custody Lawyer
The process of court can become way shorter and inexpensive, if you and the other parent can negotiate out of the court. But if you reach the court stage, the parent who is more willing to take care of the child will be given primary custody. If both the parents deemed equally able then the custody can be given to both the parents.
https://josfamilylaw.com/child-custody-lawyer-huntington-beach.php
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BinoyeJos
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You want the best for your children as a parent. If you're going through a dispute with the other parent to decide who's going to be given custody, you're likely battling with all you've got to be in full custody.When awaiting a trial to decide whether you or the other parent of your children should be given custody of your children, it can be extremely helpful to seek the help of a child custody attorney. This kind of lawyer specializes in these kinds of trials and has the skills and expertise to help you through the process.The significant advantage of having a Family Law Attorney is to support you navigate the trial, that they have devoted their career to helping parents win those fights, and will know how the case will continue.
It is expected that a child custody attorney would be able to speed up the hearing proceedings a bit so that the children do not have to experience such a drawn-out case.One thing many parents say was that their encounter with this form of the hearing-was the fear they felt, that they were exposing their children to dangerous circumstances. While children are very resilient and will be able to bounce back from this phase of their life, the faster you can get past the proceedings, the better.Custody fights are very complicated for all those involved. However, using the aid of a legal expert is one thing you can do to make the procedure smoother.
Not only do they have the expertise available to help improve the odds of gaining custody, but they will also be a perfect way to answer any questions you might have along the way. In short, you need an attorney who will take the time to understand your case, one who is prepared and willing to go to battle for your rights. If this sounds like you, we at Jos Family Law are here to help. If you need assistance with a child custody matter, please contact Jos Family Law at (714) 733-7066 or jos@josfamilylaw.com.
https://josfamilylaw.com/family-law.php
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BinoyeJos
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California Family Code Family Code §3900 codifies the general obligation of both parents to support their minor children in a manner suitable to the child’s circumstances. In implementing these guidelines, courts must adhere to the principles that: (1) “a parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life; and (2) both parents are mutually responsible for the support of their children, not limited to biological offspring.
If a parent willfully fails to satisfy his or her statutory child support duties, the other parent, or the child by a guardian ad litem, may bring an action against the parent to enforce such obligations. If a parent fails to pay child support, child support orders and judgments are enforceable until paid in full or otherwise satisfied. Therefore, an action to recover child support arrearages may be maintained at any time… even after the child has reached the age of majority.
In the event that one of the parents or guardians has been receiving pubic assistance, or in a private case that has been opened in the Department of Child Support Services, DCSS will begin to collect evidence against the party who owes child support.
Child support orders are based on strict guidelines, based on custodial tim and parental income. It is strongly advised to hire a competent attorney with a keen eye for detail. When child support is contested, the court is authorized, on a showing of good cause, to sever that issue for a separate trial with preference over all other civil matters not entitled to similar priority. Please contact our firm to help you navigate your child custody and child support issues at (714) 733-7066 or jos@josfamilylaw.com.
https://josfamilylaw.com/child-support.php
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BinoyeJos
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This is an issue that I frequently get from those clients who pay child support. If you are currently paying support, you know there is a standard system in California that is followed by the courts to determine the amount that the paying party will provide to the parent in custody.
In general, all parties have a financial obligation to support their children, and the famous “Dissomaster†system determines this duty. This tax-based program takes into account both parents’ earnings, the time each spends with the kids.
Other essential factors, such as child care expenses, union dues, medical deductions, mortgage interest payments, etc. play a vital role. A payment amount is produced based on the numbers plugged into this program.
So to answer the question ‘Why do I have to pay so much support for children?’ There may be several factors, such as:
• You earn way more revenue than the other parent, and NO your new spouse’s income is not considered for child support.
• You don’t spend much time with the kids. The average time-share is typically 20 percent for the parent who is “non-custodial†and 80 percent for the parent who is in custody.
• You spend a lot of interest in your property. This increases your liability because you’re allowed to claim the expense on your tax return, so it’s considered a gain to you.
• The other parent covers medical expenses.
• Your kids have high daycare costs.
So before going to court or talking to your spouse (or ex) about child support, be sure to meet with Family Law Attorney, who can run the numbers through the program and who can then guide you on the best course of action.
If you are looking for an attorney who understands the complexities of child support and what it takes to fight for your family’s rights in a family law matter, look no further, then Jos Family Law.
https://josfamilylaw.com/family-law.php
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