How Do I Get Custody of My Kids in a Divorce?

Posted on June 20, 2023October 26, 2023 by The Law Office of Laurence J. Brock

Child custody is one of the most significant issues that arise in divorce proceedings. It refers to the legal and physical responsibility of a parent to make decisions for their child and provide them with care and support. The custody process involves determining which parent will have legal and physical custody of the child or children involved in the divorce case.

When you’re seeking custody of your children, you may have trouble taking the right steps for your claim. If you’re struggling to get custody, reach out to a lawyer to learn more about your options to seek custody.

Understanding Child Custody Laws and Court Decisions

Child custody decisions are among the most challenging and emotionally charged issues that arise during divorce proceedings. These decisions can have a significant impact on both the parents and the children involved, making it essential to understand how courts make custody decisions.

Courts typically make child custody decisions based on the child’s best interests. Child custody is a sensitive and complex issue that arises in divorce cases. When parents decide to end their marriage, they must also determine how to divide their assets, debts, and property.

In most cases, both parents want to maintain a close relationship with their children and play an active role in their lives. However, it’s not always possible or practical for both parents to have equal time with the children. Therefore, courts must consider several factors when deciding which parent should have full custody, such as the following:

The child’s age
Overall health of the child
Stability of the home environment
Housing conditions like clothing and healthcare
Emotional and physical needs of the child
Relationship between parent and child
Educational concerns
Any history of abuse or neglect

Building a Strong Case

To increase your chances of getting full custody, you need to build a strong case that demonstrates your ability to provide a stable and safe environment for your kids.

This may involve gathering evidence such as witness statements from friends or family members who can attest to your parenting skills, medical records that show you have taken good care of your children’s health needs, and financial documents that prove you are able to support them financially.

It’s also important to demonstrate that you are willing and able to work collaboratively with your ex-partner when it comes to co-parenting. This means being open-minded about scheduling visitation times and making sure that both parents are involved in major decisions related to their children’s upbringing.

Get Custody with a Family Attorney’s Help

Navigating the legal system can be complicated and overwhelming, especially if you’re dealing with a contentious divorce or separation. That’s why it’s essential to work with an experienced family law attorney who can guide you through every step of the process.

A good attorney will help you understand your rights under local laws and regulations, advise you on how best to present your case in court, and negotiate on your behalf with your ex-partner to reach a settlement outside of court.

At TK, we understand how difficult it can be when you’re seeking custody for your kids. That’s why we’re here to help. Reach out to our firm for guidance, starting with a consultation. Give us a call at TK or fill out the following online contact form.

What Happens During Divorce Proceedings?

Posted on April 6, 2023October 26, 2023 by The Law Office of Laurence J. Brock

Divorce is difficult. Separating from a partner you thought would last forever can be difficult due to emotions and legal proceedings. You’ve probably already experienced a lot of uncertainty and confusion if you’re divorcing.

Depending on your jurisdiction, divorce proceedings usually involve filing a petition, responding to it, serving documents, attending a court hearing, and waiting for the judge’s decision. So what happens if you’re seeking out a divorce? Here’s what California residents can expect and may need to know during the divorce process.

Filing for Divorce

Divorce filing is often a crucial first step. The filing starts the divorce process and can influence negotiations and settlements. Certain divorce procedures are followed across states.

Attorneys provide three services:

Faster resolution due to local law knowledge
Additional assurance that paperwork is processed properly
Representation throughout proceedings

Gathering divorce-related information, such as marriage length, assets and debts owned jointly or separately, and others, is crucial. Any application without such data risks court delays or dismissal. Understanding one’s state’s divorce filing rules and making an informed decision about how one wants to be represented during these proceedings will help expedite negotiations so both parties can move forward with their lives.

Preparing Files

After deciding to divorce, the next step is to prepare the paperwork to start the process. This paperwork may vary by state but usually includes a summons, complaint, and other relevant documents. If couples are confused or overwhelmed, they should seek legal advice.

Some couples need help with child support calculations or property distribution lists. Experienced professionals can help individuals determine which procedures apply to them and how to properly document each case aspect. Attorneys can also explain how to file court documents and any relevant regulations.

Finally, all parties should remember that the initial filing documents set the standard for all subsequent divorce proceedings. Thus, accurate and complete information is crucial. After this, court proceedings can begin.

Court Representation

When divorcing, choosing legal representation is crucial. State courts require uncontested divorcees to understand and articulate all legal consequences of their decisions, including executing the right paperwork.

An attorney can give you peace of mind by protecting your interests. An experienced lawyer will know about recent legal changes and help you protect yourself during the divorce. They can also make an amicable divorce smoother and faster, so both parties stay satisfied.

Divorce lawyers can explain state law regarding asset and property division to each party. In complex family law cases, lawyers can advise on unfamiliar rules and regulations that may affect the case. When lawyers are involved, opposing parties are less likely to push for an unfavorable outcome, which can speed up conflict resolution.

Knowing what comes next will streamline the process. Understanding this step and making sure both parties are informed of the entire process will ensure that all questions are answered fully and in order.

Asset Division

Couples must decide who gets what from the marriage, which can be time-consuming and emotional. Spouses can sometimes resolve issues without lawyers, but to protect their interests, both parties must be well-represented. When there are significant financial assets or businesses, couples may seek legal advice to divide assets and property fairly.

Though the court ultimately decides who gets what, a trusted lawyer will help you negotiate from a position of strength and knowledge. Mediation can help resolve complex and heated asset disputes by allowing both sides to discuss the scope of each other’s claims without using emotive language or coercive behavior. Even if negotiations fail, arbitrators can help resolve disputes between spouses.

Asset identification and description often require extensive financial history research, including home equity, investments, retirement accounts, and stock options. Failure to account for all assets will make estimating each party’s fair share of the marital estate difficult.

Child Custody, Visitation, and Support

Any parent of a minor child knows that protecting children during divorce is crucial. Depending on whether you’re the custodial parent or are seeking custody, you may need help determining how much support you’re due, how much parenting time to share, and whether to seek sole custody of your children.

Considering your child’s well-being throughout your divorce proceedings increases the odds of a satisfactory resolution and sets the stage for successful co-parenting or sole parenting. Many states require mediation before filing legal forms through court systems, where parents can get more guidance.

Divorce Process Timelines

The initiating spouse must file for divorce in the county court where either party lived for at least six months before filing. The responding spouse must be served with papers informing them of the filing or serve papers themselves with an attorney. If both parties agree on asset division and child custody, their case may move quickly through the courts.

If not, couples may litigate issues for longer. Both parties should gather trial records, exchange financial disclosures, and prepare evidence during this time. Settlement talks may occur before the final hearing. After these steps, the judge will hear testimony and evidence before making a state-lawful decision.

Depending on the issues, these proceedings can take weeks or years. Understand that most couples seeking divorce make multiple trips to court, but if both spouses are committed to settling matters amicably outside of court, it could speed up the process and save them money in the long run. Despite complicated paperwork and tight deadlines, a professional understanding of the divorce process can make it easier and ensure an equitable resolution.

Navigate Your Divorce with a Lawyer

When you’re facing a divorce, it’s easy to feel intimidated or uncertain about the proceedings you’re facing. Fortunately, you don’t have to face them alone.

At The Law Office of Laurence J. Brock, we understand how difficult it can be to handle a divorce case on your own. Our lawyers are standing by to guide you through the process and get the help you need to file a claim and get the help you need. When you’re ready to file a claim, reach out by calling 909-466-7661 or by completing the online contact form below.

Helping Your Kids Through a Divorce

Posted on February 1, 2023February 1, 2023 by The Law Office of Laurence J. Brock

A divorce is a difficult time for all parties involved, including the children. Though parents may not realize it, children understand when their lives are changing. This is especially difficult when you have young kids needing extra help during the developmental phase. That’s why it is important to make the divorce with your spouse as seamless as possible for you and your children.

The Rancho Cucamonga divorce lawyers with The Law Office of Laurence J. Brock are here to help you every step of the way. We know how difficult this time can be for families, and we’re here to help you make your divorce simpler and more amicable.

How Divorce Impacts Children

Children can be hit hard by their parent’s separation. In fact, it is not uncommon for a child to experience social or emotional effects due to the divorce. This may come from drug usage, mental health disorders, criminal acts, and more. These acts may be a result of the child blaming themselves for their parent’s divorce.

Make sure that during the divorce, your child knows it’s not their fault. Though you may not have control over what your spouse or ex-spouse says and does, you can control your own actions and words. This means that you should take the time to either prepare your child for the divorce or lessen the struggles the child may have.

Depending on your situation, consider different types of parenting methods, such as parenting alone or co-parenting. When it comes to co-parenting, you will want to create an official co-parenting plan with a lawyer to go over rules and parenting schedules.

Protecting Your Children

It’s important to think about your children first, despite how difficult it may be while filing for a divorce in California. Children often struggle with too many things changing at one time, so it can be helpful to make sure you keep them in the same house they have been living in recently.

In addition, it is more difficult for you to gain custody of your children if you have moved out of the home without them. Even if you have issues with your spouse, do not move states with your children. This could result in a temporary restraining order.

Though you may want to have sole legal custody of your children, compromising with joint custody may be the best option in the beginning if you don’t feel your children’s safety would be compromised by this agreement. If you settle for letting your spouse have sole legal custody, you will likely have a more difficult time obtaining any form of custody later on.

Reach Out to a Rancho Cucamonga Divorce Attorney

A separation from your spouse is difficult, but you can’t forget about your children. There are several factors that play into divorce settlements, including your kids. However, you must also consider how they’re feeling.

The Rancho Cucamonga divorce lawyers at The Law Office of Laurence J. Brock are here to help you on your journey. We will be with you every step of the way to answer your questions. Reach out to us at 909-466-7661 or fill out a contact form below.

Giving Yourself the Best Chance to Win Custody of Your Kids

Posted on January 3, 2023October 26, 2023 by The Law Office of Laurence J. Brock

Your children are the most important people in the world to you, and you want them to always be there with you. Sadly, it’s not always that way. Being a divorced parent can be painful, but you don’t have to settle for less than the best chance to win custody of your kids.

You need to understand why judges make parenting decisions, know how to prepare effectively for court and what you will be required to show the judge. Your lawyer can give you the information you need on the rules of evidence that you’ll be asked for and represent you in the courtroom.

Getting the Judge to Grant You Custody of Your Kids

First, what are the steps you can take to help you prove to the judge you’re the best choice for custody of your children? Below are some key things you can do to improve your chances to get custody.

First, follow all court orders. Make sure that you are following all court orders regarding visitation rights. If you don’t follow these orders, it can damage your case when it comes time for a judge to make a decision.

Make sure your ex isn’t planning to take legal action again you. Legal action taken against you can hurt your standing during a custody dispute. For example, if your ex-spouse is being paid child support by you and they don’t get paid on time or in full, then they may try to use this as evidence of poor parenting in court.

Take care when speaking with your ex, and be careful to avoid abusive actions. This includes verbal abuse as well as physical assault. If you have committed acts like these against your spouse or your children, it will make it harder for them to get custody because it’s not in the best interests of the children to be placed in a household with a history of domestic violence.

Giving Yourself the Best Chance by Presenting Evidence

In many cases, one parent files for custody or visitation rights because the other parent isn’t fulfilling their obligations as defined by law. In these situations, you may present evidence such as:

Proof that the other parent is unfit, such as criminal convictions or previous child abuse allegations
Financial records that show you can provide for your children
Evidence that you have stable housing
Evidence that you’re able to provide health insurance for your kids

Get An Unbiased Third Party

A guardian ad litem is an unbiased third party who will interview both parents and the child, and present a non-biased report to the court. The guardian ad litem may ask questions to see if the parent has an emotional bond with the child.

These questions give them a better picture of how the parents will respond to the custody agreement and what parent is best fit for custody. Talk to your lawyer about seeking out a guardian ad litem and what you can do about your custody agreement.

Seek Out a Rancho Cucamonga Custody Lawyer for Aid

The Law Office of Laurence J. Brock has extensive experience with divorce and custody cases similar to yours. We understand that this can be a difficult situation, and we’re here to help you get custody of your children.

Ready to take action to get custody of your children? Fill out our confidential online form below for a prompt response or call 909-466-7661. The sooner you start working with us, the more time we will have to prepare for your case.

Category: Uncategorized