Rancho Cucamonga Family Lawyer
Family matters can be tough to deal with on your own. If you hire a Rancho Cucamonga family attorney, we can work through these issues with you so you never have to feel alone.
No one goes into a marriage hoping for problems, but sometimes these things do happen. The unexpected and often volatile nature of couples parting ways can make the situation incredibly stressful. If children are involved in a marriage, they can often be another source of family contention that makes the situation even more difficult.
Divorcing or separating couples are likely to take issue with debt and property division, custody and child support become major issues, and there could be other family issues you’re dealing with, such as violence in a family relationship or a grandparent’s visitation rights.
One of the best ways to get through your family legal difficulties is to hire an experienced and understanding Rancho Cucamonga family lawyer.
We’ve worked with families going through legal struggles for over twenty-five years. We can help you get through this tough time by guiding you through the legal process with sensitivity and care.
Help with Child Custody and Visitation
Probably the most difficult family legal matters involve custody, visitation, and child support disagreements. It may seem like these issues are impossible to resolve, but a family lawyer in Rancho Cucamonga can help you come up with a parenting plan and child support agreement that will work for you.
The first step in resolving child custody and visitation disputes is to write up a detailed parenting plan. This will include the days and times each parent will be with the child and who will make important decisions regarding the child’s welfare.
You can agree to joint custody (fifty-fifty split) with both parents sharing legal custody or work out a shared custody arrangement that works with both parents’ schedules. If one parent has more parenting time than the other, this parent is called the primary custodial parent. The other parent receives what is called visitation or parenting time.
If you’re unable to agree to a parenting plan, your attorney can set up mediation. After mediation, if both parties have come to an agreement, a judge will sign an order. If you still can’t agree, a family law judge will decide on a parenting plan.
How Is Child Support Calculated?
Unfortunately, child support is another area of contention for separating or divorcing couples with children. One parent feels he or she needs more money to care for the child, and the other parent feels like he or she is paying too much. When parents don’t agree on child support payments, the court is once again brought into the mix.
The judge will calculate Rancho Cucamonga child support payments based on the following factors:
- The earning potential of each parent, including disability and mental health concerns
- Other income sources
- The child’s expenses, including basic needs, health insurance, childcare costs, and extracurricular activities
- Whether one parent can’t work because he or she needs to take care of the kids
- How much parenting time each parent has
Domestic Violence and Restraining Orders
When one parent has been abusive toward the other parent or the children, you should contact a family lawyer in Rancho Cucamonga to better understand your legal rights. In some cases, you can get a restraining order to protect yourself and the children. In many cases, the court can set up supervised visitation or deny visitation altogether.
If the violent parent has never been violent toward the children, the court may allow for visitation using safe drop-off locations, such as at school, so the parents don’t have to come into contact with one another. Whether the violent partner gets unsupervised visitation or no visitation at all will depend on the unique circumstances of your case.
Information Regarding Adoption and Guardianship
Adoption can be a very difficult process, and it can be impossible if you attempt it without the help of a Rancho Cucamonga family dispute lawyer. There are several different types of adoption:
- Stepparent and Domestic Partner Adoption – This is likely the most common type of adoption. it occurs when a stepparent or legally married domestic partner adopts the child of his or her spouse or partner.
- Independent Adoption – This is when no external agency is involved in the adoption case. The existing parents and adopting parents agree to the adoption, and the birth parents don’t have to terminate their rights.
- Agency Adoption – When a licensed adoption agency or California Social Services facilitates an adoption, it is considered an agency adoption.
- International Adoption – When a child born in another country is adopted and brought to the United States, you’re dealing with an international adoption.
Many adoption situations aren’t clear-cut. To protect your rights, you’ll want to have a Rancho Cucamonga child and family lawyer with you during the adoption process.
Guardianship is not the same as adoption. The parents’ rights are not severed. The guardian is appointed by the court to care for a child until the parents are able to assume care. The parents can have reasonable visitation, and the court can supervise guardians.
Grandparents’ Rights in Rancho Cucamonga
It’s important to understand what a grandparent’s rights are in California. Grandparents do have the right to seek visitation with a grandchild but only under certain conditions. If the parents don’t want visitation, and the parents are married, then the grandparents will not be allowed visitation.
Grandparents can seek visitation under the following circumstances:
- There was a pre-existing bond between the grandparent and grandchild, and maintaining the bond would be in the best interest of the child.
- The parents are married but are now living separately.
- A parent’s whereabouts are unknown.
- The child does not live with either of his or her parents.
- A stepparent has adopted the child.
Rancho Cucamonga Family Law FAQ
Family legal matters can be overwhelming. If you speak with a family law attorney from our office, we can answer all of your questions. To help you feel a little more comfortable with some common family issues, we’ve answered a few of the most frequently asked questions below.
How does the court decide spousal support payments?
The court takes a look at many factors when calculating alimony. It will examine the income of each party, along with other financial sources. If children are involved, the court will also look at who the custodial parent is, as well as whether one spouse sacrificed career and education for the other, among other factors.
What’s a parenting plan?
A parenting plan is a written plan that outlines parenting time and who will make important decisions regarding the child’s welfare. The more specific the plan and the better both parties follow it, the more likely the children will feel secure with what to expect from each parent after a separation or divorce in Rancho Cucamonga.
What’s the difference between legal and physical custody?
Legal custody is when a parent—or sometimes both parents—has the right to make decisions regarding a child’s welfare, such as decisions about education and healthcare. Physical custody is the amount of actual parenting time each parent has been designated (for example, Monday through Thursday every week).
Call a Rancho Cucamonga Family Attorney
Family-related legal matters can be some of the most challenging struggles you will face in your life, especially because of the extremely personal and sensitive nature of these situations.
Not much can make this time easier for you—except for working with a caring attorney who can help you understand your rights and will be there to support your interests. Speak with a Rancho Cucamonga family lawyer with the Law Office of Laurence J. Brock. Fill out the contact form below or call us at 909-466-7661 for a free consultation.
Law Office of Laurence J. Brock Client Review:
Larry Brock and his staff are highly competent, consummate professionals. As an out-of- state client on the opposite coast, I needed someone who was knowledgeable, reliable, and responsive. My case involved allegations of domestic violence and jurisdictional issues surrounding divorce and custody.
– Bradley F.
8241 White Oak Ave