Rancho Santa Margarita child custody has two parts under California law: physical custody and legal custody. Joint custody allows the parents to have joint physical custody and joint legal custody. However, the court can award joint legal custody, and not award joint physical custody. Under physical custody, one parent may be granted sole physical custody where the child would reside with and be supervised by one parent. Under joint physical custody orders, the parents share physical custody, and the law ensures that the child have frequent and continuing contact with both parents.
Sole legal custody allows one parent the right and responsibility to make decisions about the health, education, and welfare of the child. Joint legal custody allows both parents to share these rights and responsibilities. California law does not establish a preference for sole or joint custody in contested proceedings.
There are considerations the law establishes in making Rancho Santa Margarita child custody awards. Public policy of California is to ensure the minor children frequent and continuing contact with both parents. Also, custody orders must be made according to the child’s best interest. Domestic violence and a history of abuse will be considered by the court in determining the child’s best interest. Move-away/relocation cases arise when one parent seeks to move to another jurisdiction. The court must evaluate the child’s need for stability and continuity. Move-away/relocation cases are generally hotly contested.
Spousal Support/Alimony Lawyer
California spousal support can be temporary and long-term. Temporary support can be awarded while a dissolution or legal separation is pending. The court may award an amount depending on he party’s need and he payer’s ability to pay. Judges typically use the support software when ordering temporary Rancho Santa Margarita spousal support.
Long-term Rancho Santa Margarita spousal support may be ordered by the court in any amount, and for any period of time that the court deems just and reasonable. In making a determination for support, the court must base its decision on the marital standard of living. The court must also consider the extent to which each party’s earning capacity will maintain the standard of living established during the marriage. The complete list of factors the court must consider are found in California Family Code section 4320.
Limited Scope Representation
California attorneys are allowed to provide Rancho Santa Margarita limited scope representation to clients involved in family law and civil cases since it was approved by the Judicial Council. Many parties to family law and civil litigation actions would like the help of an attorney for parts of their cases, even if they cannot afford full representation. Attorneys may appear at court hearings even if the attorney did not prepare the legal paperwork. In contrast, attorneys can prepare legal paperwork, but do not have to appear in court if the cause of action actually gets to the point of having court dates. Most people find that having an advocate at the court hearing helps alleviate additional stress that is naturally created with litigation.
Rancho Santa Margarita Divorce Lawyer
A Rancho Santa Margarita divorce is more than the end of a marriage. How the issues are addressed will affect your life and impact your loved ones. Family dynamics and finances are complex. When confronted with a divorce, the future feels uncertain and overwhelmingly complex.
You need a Rancho Santa Margarita divorce lawyer that is well versed in California State divorce laws. We are accomplished, experienced, and compassionate Rancho Santa Margarita divorce lawyers, able to handle the most complex and involved cases.
With Rancho Santa Margarita Divorce Lawyer Joe Torri on your side, you can move forward with confidence and breathe a sigh of relief.
About Rancho Santa Margarita, CA
In order to avoid the numerous swamps and streams in the region, an expedition went inland in 1769. The expedition camped that night on a large plateau that they located, which was next to a canyon. The Franciscans called this canyon San Francisco Solano. This was approximately three miles downstream from the current location of Trabuco Oaks and located on the eastern side of Trabuco Creek.
On the night of July 24 and July 25, while camped there, one of the soldiers lost his most valuable possession, his musket or Trabuco. The soldier named the stream Trabuco in honor of his lost musket. Ever since then, that name has been associated with the entire region including the canyon and the mesa. Up until 1821, when California became part of Mexico, the Spaniards ruled the area and, in 1776, founded Mission San Juan Capistrano.
The Mexican governors subdivided the region around the mission into three large ranchos known as Rancho Santa Margarita, Rancho Mission Viejo, and Rancho Trabuco. In 1882, the combined ranchos were bought by a man named James Flood and his partner named Jerome O’Neill. Up until the 1920’s, the extremely large estate was used as a working ranch. The ranch was subdivided in 1940 and the O’Neil family kept the upper part and the Flood family kept the lower part, in what is currently known as San Diego County. The Flood family’s part of the ranch was annexed by the Navy in 1942 and it was used for Camp Joseph Pendleton.
There were 278 acres of canyon bottom land donated by the O’Neil family to Orange County to be used as a park in 1948. In 1963, the same year that the Mission Viejo Company drew up plans for a master planned community named Mission Viejo, an additional 120 acres of parkland was donated by the O’Neill family.
The Trabuco Canyon had been home to a rural cluster of houses for numerous years by the 1960’s. It wasn’t until the late 1960’s that what became known as Coto de Caza was developed, which began as a resort for fishing and hunting. Up until 1986, when the first homes of in Rancho Santa Margarita were purchased, the region area remained relatively remote. The 1980’s economic boom brought the construction of new homes in nearby Wagon Wheel, Robinson Ranch, and Dove Canyon communities as well as some smaller developments. In 1992, when the extensions of Alicia, Antonio, and Oso parkways were finished, the region became better connected to the remainder of the nation.
The residents of Rancho Santa Margarita founded the CCA (Community Civic Association) in 1989 to serve as a political voice for the community. Later, the CCA became the Civic Association for Rancho Margarita, and eventually became the Civic Council, and began exploring self-government. However, it wasn’t until 1995 that a separate community organization known as the RSM Cityhood Committee started the official drive to become a city. The community of Rancho Santa Margarita was planned as an Urban Village, which offered the better of two worlds, namely the quality of life of a small community as well as all of the advantages and elements of a small city.
The residents of the region voted to incorporate the neighboring Walden, Trabuco Highlands, Rancho Cielo communities, as well as the planned community or Rancho Santa Margarita in November of 1999. The year 2000 brought the incorporation of the newly formed Rancho Santa Margarita a city, which was the 33rd city in Orange County.
Fire protection for the community is provided by the Orange County Fire Authority. Police protection is provided by the Orange County Sheriff. Rancho Santa Margarita operates under the council/manger form of government and is a general law community.