What Should You Avoid Doing During Custody Battle?

Going through a child custody battle can be the most difficult experience of a parent's life. To win, you must present your best case to the judge. Here are some of the most common mistakes made by parents when fighting for custody of their child. Do not have necessary heated confrontations with the other parent; Don't make derogatory remarks about the other parent in the presence of your child; Don't Coach your child to take your side; Don't Getting Arrested; Do Not Post online derogatory statements or comments about the other parent; Do not make dumb arguments in Family Court; Do not send your Ex inappropriate or threatening text messages, emails, or voice messages that invariably will be shown to the judge; Do not Use Illegal Drugs or substances; Don't deny Court ordered visitation or fail to pay child support per Court orders; Do not write a letter or call the judge; Do not show up at Court inappropriately; Do not buy an expensive item or take a trip when you are claiming you can't afford legal expenses or child support. Do not fail to show up for supervised visits without a good excuse & without calling Family Services & the other parent. Do not get the child involved with a new boyfriend or girlfriend, especially one with a criminal history. Do not leave the state without informing the other parent of where you are going & when you will be returning.

What Are The 3 Types Of Custody?

Child custody is probably the most emotional and important issue for parents facing divorce. Usually, several types of child custody are described in most standard law books: Physical Custody Legal Custody Temporary Custody

How Much Does A Lawyer Cost For Child Custody?

Lawyer fees can range from $80 to $400 or more per hour, based on the lawyer's level of experience, reputation, & track record of success in child custody matters. Some lawyers will ask for an initial payment, known as a retainer. Attorneys can charge for their services in a variety of ways. A simple hourly billing procedure is usual, which means you pay by the hour for any time the lawyer spends on your case. This means every phone conversation, email, meeting, & court appearance related to your case will increase your bill. Some attorneys charge a flat fee for child custody services. A straightforward and simple custody case would most likely have a lower flat charge than a complex or contested custody case. A typical flat fee can be between $1,000 and $5,000 or more. Finally, some attorneys bill on a retainer basis. A retainer is a fee paid to the lawyer in advance for managing your case. This retainer is used to pay the lawyer's expenses as the case progresses. If the case is completed swiftly, you may be refunded any leftover amounts in the retainer based on your agreement. If the retainer is depleted before the matter is resolved, you must make an additional payment.

Multistate Jurisdiction lawyer orange county

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines the proper jurisdictional situs between interested states. In California, the UCCJEA is the exclusive method used to determine jurisdiction in custody disputes, which must be satisfied before any court in California can make an initial or modified child custody or child visitation determination. Other states' custody orders must be given full faith and credit in California, so long as the forum court exercised jurisdiction in substantial conformity with the UCCJEA.

The UCCJEA applies in all proceedings involving child custody, marital actions, juvenile court dependency, termination of parental rights, guardianship, paternity, and domestic violence.

The UCCJEA has strict guidelines: (1) physical presence or personal jurisdiction is not enough; (2) priority in time is not enough; (3) the best interests of the child are not considered in determining jurisdiction; and (4) additional criteria apply when asked to modify out-of-state custody orders. The party initiating a California custody proceeding bears the burden of establishing jurisdiction. California gives absolute priority jurisdiction to the child’s home state.

A California court can also exercise custody jurisdiction if all of the following conditions are satisfied: (1) No other state has “home state” jurisdiction, or has declined to exercise its jurisdiction; (2) The child and child’s parents, or child and at least one parent or person acting as a parent, have a significant connection with California other than mere presence.

If you need an attorney to help you establish jurisdiction in California in order to bring an action in court, you can count on Jos Family Law to give you valuable advice and help you through the process. Please contact us for a free consultation at (714) 733-7066 or jos@josfamilylaw.com.

Due to the overwhelming demand for our services, we currently only accept family law clients in Orange County court.

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