Child Custody Attorney Dana Point

Binoye Jos is the best child custody attorney in Dana Point. Child custody matters take into consideration all the issues, large and small, concerning future living arrangements for the child, including parenting time of the noncustodial parent.

Child custody is the most vital aspect of any separation and/or divorce action in court. It is of utmost importance to each child that their parents make the best, most responsible decisions possible when choosing an attorney to represent them throughout the child custody process.

The courts require strict adherence to many rules and regulations in every child custody case. Since child custody is so emotionally charged, child custody decisions are – and should be – some of the most difficult decisions of one’s life. The health and wellbeing of your child are at stake, and every good parent wants to do whatever is in their child’s best interests. These decisions must be made with utmost sincerity by both parents, and in a manner that ensures that each child is served in a manner that is most beneficial to them.

At JOS FAMILY LAW, you can rest assured that your case is being handled by an experienced attorney who possesses not only the knowledge and understanding required to navigate your case and negotiate on your behalf, but one who also cares deeply about your matter and will give you the best possible legal advice and services.

Unfortunately, some parents use their child as a weapon against the other parent. This is so detrimental to the child, who will ultimately suffer the most with mental, physical, and spiritual difficulties that will cause them undue and utterly undeserved pain, often for many years past the time when they reach the age of majority.

When parents no longer live together, and depending on the age and emotional maturity of the child, the courts often take into consideration the child’s preference regarding living arrangements. Because a child will be deeply affected by the decisions reached by the courts about which parent the child will live with, and because any and all such decisions will affect the holistic growth and wellbeing of the child, the courts consider input from the child seriously, whenever appropriate.

If you find yourself in a difficult situation regarding child custody issues, you must have an experienced and understanding attorney to help you reach a resolution that best suits you and your child. Feel free to contact JOS FAMILY LAW, and we will help you throughout the child custody process in the most seamless manner possible. Call us at (714) 733-7066, or contact us via email at jos@josfamilylaw.com. We look forward to serving you.

Typically, after filing a lawsuit and serving the other side with your initial pleadings, both parties will want to start information gathering through a process known as “discovery.” In a divorce, both people owe each other the duty to disclose all of their assets and debts to the other person. This duty is “fiduciary,” meaning each person has to put the other’s person interest ahead of their own.

To help the Court determine how the couple should divide the assets and debts accumulated during the marriage, there must be full disclosure by both sides. Concealment is not only prohibited but can also result in the Court awarding the whole asset to the other person.

If both sides are cooperating with each other and/or their attorneys are cooperating, it may be cost-effective to engage in “informal” discovery whereby each person asks for the information sought.

Then if this does not result in production, then the parties can resort to formal discovery methods. This includes depositions, demand for inspection and production, interrogatories, and requests for admissions. Except for depositions, these discovery requests are written documents. The other side has up to 30 days to respond, in writing and under oath. Signing the oath results in a verified response.

A deposition is an interview made under oath that is made in the presence of a Certified Stenographer who types the questions and answers in written form. The attorney who requested the deposition asks the deponent questions. If the deponent is represented, his or her attorney can object. However, since no Judge is present, the attorney asking the questions can:

1. ignore the object and ask the question which the deponent must answer;
2. rephrase the question so it is not objectionable;
3. withdraw the question OR
4. inform the objecting attorney that the objection can be reserved for the Judge to decide later and proceed with the question which the deponent must then answer.

If the request is not objectionable, the responding party has a duty to make a good-faith effort to search for the information requested.

If the item cannot be located but someone else has a copy of the information, the responding party should write that person’s name and address. If only part of the items can be located, the responding person should produce what they have.

You can also file a Motion for a Physical, Mental of Vocational Examination of the other person provided that the issue is in controversy.

However, keep in mind that all discovery must be completed on or by the 30th day before the initial trial date.

If one person does not respond or if their response is incomplete or made in bad faith, the other side can file a Motion to Compel with a request for sanctions.

However, in all discovery disputes, before you can file Motion to Compel, the requesting person must first make a good-faith attempt to resolve the matter by requesting a “meet and confer.” It is always a good idea to commit to writing all attempts.

For example, if you called the party to discuss the matter, follow-up with a letter detailing the date and time of your call. In the letter or by phone call, you can agree to extend additional time to the other party to provide the information. You should let them know that if the extension does not result in a response, you may file a Motion to Compel.

If you are stuck in the discovery process and not know how best to proceed, call JOS FAMILY LAW at (714) 733-7066. We will guide you through the process. Our law firm has a combined 50 years of expertise.