San Clemente 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 San Clemente 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 San Clemente spousal support.
Long-term San Clemente 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 San Clemente 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.
San Clemente Divorce Lawyer
A San Clemente 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 San Clemente divorce lawyer that is well versed in California State divorce laws. We are accomplished, experienced, and compassionate San Clemente divorce lawyers, able to handle the most complex and involved cases.
With San Clemente Divorce Lawyer Joe Torri on your side, you can move forward with confidence and breathe a sigh of relief.
About San Clemente, CA
The residents of San Clemente oftentimes consider their community to be a paradise. There are the conveniences of metropolitan Southern California that are balanced by beaches and fresh ocean air that are untouched by time. The sun shines 342 days a year and the 1920's dream of a Spanish Village by the Sea is still there. The coastal land between San Diego and Los Angeles was nothing more than barren rolling hills that were covered with sagebrush and mustard only 75 years ago.
This stretch of land was transformed by some savvy marketing, luck, foresight, and personality. The geographical location of San Clemente helped to protect the community's small town charm from the urban sprawl that is so evident so much of this area. This is totally unlike so many other communities in the area.
Ole Hanson knew that the fact was that people really did love beautiful places. The popularity of this community is evidenced by the increase in the population of San Clemente, which reached 67,8923 people this year and the development during the past 100 years that has transformed the County of Orange. However, San Clemente started has evolved much differently than several of its neighboring communities.
San Clemente was one of the first master planned communities that were developed from completely open land in the US. Ole Hanson developed an extensive plan that was based on the Spanish architectural style that included equestrian trails, a fishing pier, public parks, residences, a clubhouse, and restaurants prior to building the first structure on the rolling coastal hills. Many people believed that Ole Hanson had gone crazy.
The reason was that Hanson had invested o much effort to build a community that was only an hour away from either San Diego or Los Angeles, which, at the time, were the only two major cities in Southern California. The fact is that his original submission of the plan to the Orange County Board of Supervisors was rejected. The Board simply couldn't fathom funding public streets prior to any buildings being built.
However, that didn't deter Ole Hanson. He cleverly whitewashed the unpaved roads so that they would appear as clean, new concrete roads in the aerial photographs that he had developed for his marketing brochures after retaining ownership of the roads. Ole Hanson didn't deviate from his dream of a Spanish Village.
Ole Hanson attracted some 600 people, who were primarily from Los Angeles, to hear him speak about his real estate on a rainy day in December 1925. Prospective buyers were provided with free hot meals that accompanied his presentation and they were transported in luxury limousines that he chartered. A prime lot sold for $1,500 and the average lot sold for $300. This marked the birth of San Clemente. Ole Hanson had set a record by selling 1,200 lots within the first six months.
There were strict Colonial Spanish Revival guidelines that enforced whitewashed stucco walls and handmade, uniform red tile roofs that were mandated with every home ownership deed. In order to meet the requirements of the rapidly growing community, a wrought iron and tile foundry was even established in the community. Ole Hanson didn't deviate from his dream of a Spanish Village. The fact is that he would either buy a home that didn't comply with his guidelines to rebuild it himself or pay for it to be remodeled.
The current development and planning as well as the historic homeowners all consider the ever increased esteem for his white walled, red roofed, Spanish architectural dream.
There are city codes in San Clemente which protect the early style and aesthetic spirit of the earlier community that historic homeowners must abide by. There are new developments east of the 5 freeway that elevate the Colonial Spanish Colonial Revival architecture to new interpretations through the incorporation promenades, balconies, and red roofs as the demographics of the community change and the new residents are attracted to the Mediterranean charm of San Clemente. Community development officials have encouraged new growth by funding programs that restore and reinvigorate the historic downtown.
Joseph Torri, Attorney at Law is no longer accepting new clients. Also, Mr. Torri is not offering a free initial consultation.