San Juan Capistrano 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 Juan Capistrano 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 Juan Capistrano spousal support.
Long-term San Juan Capistrano 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 Juan Capistrano 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 Juan Capistrano Divorce Lawyer
A San Juan Capistrano 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 Juan Capistrano divorce lawyer that is well versed in California State divorce laws. We are accomplished, experienced, and compassionate San Juan Capistrano divorce lawyers, able to handle the most complex and involved cases.
With San Juan Capistrano Divorce Lawyer Joe Torri on your side, you can move forward with confidence and breathe a sigh of relief.
About San Juan Capistrano, CA
San Juan Capistrano is unique in both California as well as in Orange County. It is a community that is still evolving after more than two centuries and a community whose foundation was laid by the earliest people that inhabited the land.
The Native Indians of the region were mostly peaceful and primarily hunters and gathers prior to the arrival of Europeans in Orange County. Tribes had a council of men who helped the leader and a monarchic form of government, with leadership that passed within a single family. War was only waged to avenge crimes against leaders or family members. In a small temple structure that was located in the middle of each community, a deity known as Chinigchinich was worshiped in religious ceremonies.
Orange County Indians were divided by the Spanish missionaries into two groups based on their proximity to the missions in the region. These groups were the Gabrielinos and the Juaneños. It is believed that these were several small tribes, who all shared a common language and belonged to the Shoshone family.
There were two factors that were very important to the Franciscan Missionaries regarding the placement of the California missions. There had to be a population of Native Indians that were susceptible to being converted so that that could eventually become Spanish citizens while doing the work of the church in the meantime, and the location had to have arable land and sufficient water. Both of these requirements were met by the Capistrano Valley. Therefore, The mission at San Juan Capistrano was the 7th mission in the chain of missions in California in 1776. This started the Spanish Era in San Juan Capistrano.
In 1776, there were almost a thousand Indians that were living in or close to the mission compound as a result of the success of the San Juan Mission, and they worked many different tanning, weaving, soap and candle making, herding, and farming operations. In addition, there were 1,649 baptisms recorded that same year.
There were many adobe houses built for the intermarried and native families that had ties to the mission as a result of the increasing population. Some 34 adobe buildings were either remodeled or built in 1807. The mission raised numerous heads of horses, sheep and cattle and also produced many tons of beans, corn, barley, and wheat in 1811.
In 1821, San Juan Capistrano experienced a new era as a result of the independence of Mexico. In 1833, the lands of the mission were divested by a Secularization Act that was passed. The land grants oftentimes went to political appointees rather than going to the Indians. These land grants started the Rancho system of large ranches that were only owned by some powerful men and families.
There was a decline of the population of the community as well as a decline of the mission in San Juan Capistrano as a result of the Secularization Act. The government of Mexico declared San Juan Capistrano to be a town or pueblo rather than a religious parish in 1841. An Englishman who had married the sister of the governor named John Foster bought the mission in 1845. Eventually he owned almost 250,000 acres in three counties.
In 1848, when Mexico was defeated by America, the result was the purchase of the California territory and statehood in 1850. This led to major changes for San Juan Capistrano. The community was originally plagued by bandits, drifter, and squatters because it was one of the only resupply and stopping points between Los Angeles and San Diego. On Saturday nights, cowboys from the local ranchos came into the community which oftentimes resulted in the streets being full of drunken brawls. There were plenty of stagecoach robbers and bandits in those days.
There was rapid growth in northern California and San Juan Capistrano was located on the road to newly discovered gold fields which resulted in a hotel, stores, and homes being built. In the Los Rios region next to the mission era adobe buildings, there were numerous board and batten homes built. In order to feed the prospectors, cattle that were raised on local ranchos were driven northward and sold at a very good profit.
Then, the land was starting to be sold to settlers who wanted to farm as a result of a property tax for the state, smallpox, and drought, which resulted in the decline of the ranchos. The inviting travel guides that showed up as a result of the Homestead Act resulted in an increase in the number of easterners who wanted to pursue the California dream.
Within the limits of the community, oranges, walnuts, and barley had been planted by the 1880's. In 1887, a land boom was created when the California Central Railroad arrived in San Juan Capistrano, which provided access to markets.
There was a period of stability for San Juan Capistrano during the years following 1900. During the early years the community was somewhat untouched by the ever increasing growth to the south and the north and became a tight knit group of merchants and farm families.
The mission languished during this early period. It wasn't until Father John O'Sullivan arrived in the community in 1910 that the mission was restored to something similar to its former self, in spite of early stabilization efforts by the Landmark Club. For those tourists who wanted to see life in early California as well as stars from Hollywood, San Juan Capistrano became a prime destination.
In the early 1970's, there was some intense development pressures which resulted in the residents developing a new General Plan that provided for ridgeline preservation, limited the density of new development, and preserved open space and historic resources. In 1974, these measures were adopted and have helped to ensure the perpetuation of the unique heritage of San Juan Capistrano and have also proven to be years ahead of many communities in California.
Joseph Torri, Attorney at Law is no longer accepting new clients. Also, Mr. Torri is not offering a free initial consultation.