Twenty-nine Palms Family Law Attorney
Since the United States Marine Corps Air Ground Combat Center is located in Twenty-nine Palms, brave soldiers and personnel living in this area will generally have to address their family law needs at the Superior Court of California County of San Bernardino, Joshua Tree District. Military divorce brings up a host of legal issues when spouses no longer wish to be united. Parents that are not married will generally need to file a paternity (parentage) case to establish child custody and visitation, while divorcing couples generally need to file for dissolution of marriage. Divorcing couples will need to address not only child custody and visitation if there are children, they will need to settle or litigate child support, spousal support (otherwise known as alimony) and community property division. Concerns about the pension retirement and debt are also major concerns during divorce proceedings. There are unique sets of rules for U.S. Servicemembers and their spouses when going through a San Bernardino County divorce. For example, federal law could postpone the proceedings if an active-duty spouse is assigned overseas.
Yucca Valley Family Law Attorney
Parents looking for due process in Yucca Valley, California can seek relief at the San Bernardino County Superior Court, Joshua Tree District. Yucca Valley Divorce Lawyers can provide legal counsel to address laws concerning community property division, spousal support (alimony), community debt, separate property issues, child custody and visitation and child support. One spouse can file for divorce in this district if one of the spouses lived in San Bernardino County for at least three months and in the State of California for at least six months immediately prior to filing the divorce petition. Spouses may want to consider filing for a legal separation if the jurisdictional requirements have not been met.
The Law Offices of Joseph Torri represents clients wishing to litigate or are currently litigating legal issues with regard to divorce and paternity. Yucca Valley Child Custody Attorney Joseph Torri is a Minor's Counsel and has the experience needed to help you reach a fair outcome. Our office has the experience to handle the smallest case to some of the most complex family law cases. Straightforward counsel is provided to our clients, and we are not into playing games. Although there are some cases that can take a while to resolve (usually due to the other party's unreasonable conduct), our goal is to resolve your case quickly and efficiently. We will work to resolve your matter out of court, but most cases require some type of litigation. Some cases only require one court date, and once the parties have had an opportunity to actually be in the courthouse, their family law lawyers can write up a stipulation (agreement) if one has been reached. Sometimes it just takes a judge making orders at the first court date to bring the case to a final conclusion. The first court date parties usually experience in family law court is the request for order. Permanent orders are usually not made at request for order hearings, but the parties can agree to make them permanent judgments.
Child Custody and Visitation
The primary consideration for a judge to consider in child custody and visitation cases is the best interest of the children standard. There are also many factors to consider, such as the age of the children and their preferences along with whether the household experienced domestic violence. Domestic violence can considerably interfere with a parent's custodial timeshare.
Joint Legal Custody allows both parents to share in making decisions regarding the health, education, safety and welfare of the children. Sole Legal Custody allows one parent to make these decisions. Joint Physical Custody occurs when the children live with both parents. Sole Physical Custody occurs when the children live with one parent and visit the other parent, if at all.
Move-Away/Relocation with Children Cases
Child Custody and Visitation cases can be hotly contested when one of the parents' files to relocate with the children. Move-Away cases are arguably the most sensitive and time-sensitive cases in the family law courthouse. Imagine if one parent files a request to relocate with the children from Yucca Valley to New York City. These types of cases are real, and judges have to decide whether a parent is allowed to leave with the children. Courts that rule against the parent that is not moving will not be in a position to see the children often. Hiring a family law attorney to represent you during these relocation cases is critical. Once the court rules against the nonmoving parent, getting the children to move back is highly unlikely unless the other parent agrees to such a move.
Yucca Valley & Twenty-nine Palms Child Support Attorney
If the judge allows the parent to move-away with the children, the nonmoving parent will generally pay a higher amount in child support since that parent's timeshare with the children will be dramatically reduced. California law requires judges to use the “guideline” formula when calculating child support. The court will use a computer software program when inputting data from the parties. The parents can agree to a certain amount of child support based on certain requirements, but most parents will not agree. Therefore, the court calculates guideline by inputting the earnings of each parent, the number of children, the percentage of time each parent spends with the children, tax filing status, mandatory union dues, mandatory retirement contributions, health insurance expenses, support of children from other relationships (with evidence like court orders), the cost of sharing daycare and un-insured healthcare costs, and other factors. Reading California Family Law Code Sections 4052 through 4057 will address the relevant law. Also, income from CalWORKS, General Assistance/General Relief, or SSI (Supplemental Security Income) will not be counted when determining child support.
Twenty-nine Palms & Yucca Valley Domestic Violence Attorney
Once a judge finds that a parent committed domestic violence, the parent who committed domestic violence will have his or her parental rights significantly hindered since that parent is presumed to be an unfit parent. The offender can face criminal charges in criminal court, while also dealing with temporary restraining orders and domestic violence restraining orders in family law court. Domestic Violence Abuse can be hitting another person or trying to hit another person intentionally or recklessly. Abuse is also sexual assault. Harassing, stalking, threatening or disturbing another person's peace is domestic violence abuse. California Family Law Code Section 6203 defines abuse. Judges can order child custody and visitation, spousal support and child support if a domestic violence restraining order is issued. These restraining orders require a special relationship between the aggressor and victim, such as being married or registered domestic partners. The relationship also includes divorced or separated couples, people that used to date or an intimate couple that lived together or used to live together, parents together of a child, or closely related persons, such as a parent, child, brother, sister, grandmother, grandfather, grandmother in law, or a grandfather in law.
Domestic violence findings have other consequences hampering on one's rights. For example, convictions for domestic violence will limit the defendant's ability to own or possess firearms and ammunition for life. Restraining orders specifically order Respondent's not to own or possess firearms and ammunition. Domestic violence hinders the rights of immigrants who can face deportation/removal from the United States. People possessing professional licenses, such as realtors, lawyers, doctors, teachers, etc. can face discipline from the governing board that issues their professional license. Consulting with a Twenty-nine Palms and Yucca Valley Domestic Violence Attorney is critical when you are going through these turbulent times.
When your family is at the crossroads of a family law case, you can be engulfed with foreign legal terms and strategies. This may cause you to be terrified about the pending rules of legal procedures. Our San Bernardino County Divorce Lawyers seek to provide exceptional services. The Law Offices of Joseph Torri welcomes your telephone call to schedule the initial consultation.