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TAG | California
Family law attorney Jonathan Chance at JC Law Offices knows how important divorce, child custody, domestic violence and other family law issues can be. Attorney Chance has represented clients from all over the bay area.
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Los Angeles Attorney Family Lawyer Britney Spears California
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www.feinbergwaller.com 800-655-4766 Call for help with your child custody concern. Los Angeles family law attorney, Marshall Waller, formerly spoke on KTLA News about the custody loss of Britney Spears and two sons.
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barstow california divorce attorney family law divorce alimony child support spouse abuse
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http//:www.sjblawoffice.com A Roadmap to Divorce The Divorce Process in California The summons and the petition for dissolution of marriage set the tone for the rest of the divorce. There are less confrontational options than to have these documents delivered to your spouse by a sheriff or process-server. − Barstow family law attorney Sharon J Brunner Step 1. Gather Information Once you choose a lawyer, the divorce process in California begins with gathering information such as names of the parties, birthdates and addresses, along with detailed financial information. To obtain full and accurate information, your lawyer will need to scrutinize tax returns and pay stubs, bank statements and retirement plan accounts such as 401(k) plans. If there is an allegation that a spouse is unemployed or underemployed voluntarily, your lawyer will also review earnings history. If your spouse is self-employed, business income and expenses will need to be reviewed. For liabilities, all credit card statements, loans and other debts will need to be scrutinized and evaluated. This step will create a preliminary balance sheet to have an understanding of the marital estate as a whole. Discovery may be necessary to force the other side to produce information and documents. Step 2. Initiate the Divorce To initiate a divorce, two documents will be prepared: Summons. This is a formal notification of legal action. It provides a time for the other party to respond and a basic restraining order that prevents both parties from disposing of assets, changing insurance or disrupting the status quo. Petition for dissolution of marriage. The petition is specific to your circumstances. It notifies the other party of issues such as marital property division, child custody, child support and spousal maintenance. This document includes a recognition that the parties have lived in California long enough to divorce in this state. The petition will state that the reason for divorce is an irretrievable breakdown in the marriage relationship. Since California is a no-fault state, that is all you have to say. The petition ends with a prayer for relief from the court. Attorney Sharon J Brunner will seek temporary relief for child custody and visitation, child support, monthly finances, spousal maintenance and, if appropriate, attorney’s fees while your divorce is in process. Step 3. Marital Termination Agreement (Divorce) In California, your divorce will be concluded by a document known as a Marital Termination Agreement. You and your spouse, with the assistance of your respective attorneys, will try to come to an agreement on issues such as marital property division, child custody and visitation, child support and spousal maintenance. If you and your spouse are unable to agree, a court will make a decision as to how the divorce terms are defined. That generally involves a trial. Free Consultation With Divorce Law Attorney Sharon J Brunner Give your divorce the careful attention it deserves. Call Victorville lawyer Sharon J Brunner at 760.282.0258 or fill out our simple contact form for a free initial consultation. The lawyer serves clients throughout the san bernardino area, including Victorville, Apple Valley, Hespria, Big bear, Barstow, Phelan, Oak hills. and devore Thissite and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.
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Scenarios Behind Hiring A California Child Custody Lawyer
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Divorce is regarded as one of the most horrible things that may happen to a couple, especially if a misunderstanding is not resolved immediately. Many individuals are filing their petition for divorce with their respective partners because they cannot resolve their differences anymore. They feel that they cannot stand with each other living under the same roof anymore; they are just uncomfortable seeing and being with each other.
Aside from the legal procedure that needs to be followed, the family is also experiencing emotional distress. The atmosphere will not be as friendly as before, because such divorce petition means separation—one moving out of the house while the other will remain. In addition, if they have children, their custody will also be a subject for argument in the family court. That is the saddest part of a couple filing for a divorce—giving the children to whoever has the better right under the family law.
In the case of child custody, many divorcing couples are getting a child custody lawyer aside from the divorce lawyer for their petition. Most of the states in the country have their own regulations with regards to family law. In California, they have their own set of regulations that applies to child custody cases. That is why if you are residing in California and planning to get hold of the custody of your children in case your husband or wife filed a divorce, you need to hire a California-based child custody lawyer.
Your child custody lawyer will be your representative in California family courts. He or she will be the one to explain to you the possibilities of getting the custody of your children based on the circumstances present as well as the laws and regulations covering child custody issues.
As mentioned earlier, California may differ when it comes to custody regulations; that is why you should hire a child custody lawyer that has wide knowledge when it comes to child custody laws in effect within the jurisdiction of the state.
One of these regulations is the awarding of so-called joint custody between the parents of the children. In California courts, judges are not granting equal time share just because one parent have petitioned on it. The custody will be given to either of the parents based on the existing laws as well as the circumstances presented by their child custody lawyers. Children are not considered to be a community property that needs to be divided equally at all times. In most cases, Californian judges usually awards so-called joint legal custody, where the parents will be agreeing on certain main issues that affects the child like religion and education.
Although there are certain provisions on the California Family Law that grants so-called outright legal child custody to mothers designated to be the primary caretaker, your child custody lawyer can still argue on the possibility of granting the custody in favor of the fathers. However, the odds of getting such favorable decision from California judges still depend on the circumstances presented in the family court.
Divorce is a painful experience for couples, so as arguing about the legal custody of their children. As much as possible, all misunderstanding must be resolved inside the family first. If getting to courts are inevitable, plan every action you will take. Let your California child custody lawyer take care of the matters in family courts and air your side and intentions as well in taking your children under your custody.
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www.divorceattorneysandiego.com San Diego child custody lawyer talks about child custody in San Diego and California
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the “health, safety, and welfare” of the child and “frequent and continuing contact” with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section 3011 (See California Family Code Section 3011, 3020, 3040, 3080). Further, according to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child.
A common challenge for the court is to decide who will get custody of the child. Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child. So how does the California family court or a California judge handle competing persons seeking custody of the child? According to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child. The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. California however does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, it allows the California family court or California judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child. If neither parent is granted custody, then the court may look towards the person’s home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child. In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child.
If you are involved in a child custody battle with the other parent, grandparent, stepparent, or any other person, you would be wise to consult a California family law attorney to help you learn where you stand legally and what your legal options are with respect to your child custody rights and visitation rights.
Copyright © 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
Dishon & Block child custody lawyers are extremely knowledgeable on California family laws regarding parenting and custody. Visit www.cadivorce.com for additional information. Disclaimer – The materials contained in this video have been prepared for informational purposes only. The information contained is general in nature, and may not apply to particular factual or legal circumstances. In any event, the materials do not constitute legal advice or opinions and should not be relied up on as …
