Child Custody Attorney Claremont CA

How Can a Child Custody Attorney in Claremont, CA Help Modify Agreements?​

Why Are Child Custody Agreements Modified in California?

Child custody agreements are legal arrangements that specify how parents divide parental obligations following a divorce or separation. Although these agreements are to be thorough and permanent, they may occasionally need to be changed. Stephen Gassner is a child custody attorney in Claremont, CA. He can help you in child custody battles and assist parents in securing their parental rights.

Uncontested custody change petitions are frequently approved and will take little of your time or effort. However, you might need to go to court if the opposing parent contests your request to modify custody. The Law Office of Stephen Gassner can help you resolve your child support issue effectively. They will put great effort into providing you with the individualized, attentive attention you need.

Why are Child Custody Agreements Modified in California?

Changes in the child’s needs, relocation, adjustments to the parent’s work schedules, parental alienation, abuse or neglect, and voluntary modification are among the causes for changing child custody arrangements in California. Understanding these explanations can assist parents in negotiating the process of legally and appropriately altering their custody arrangement to protect the kid’s best interests.

Child Custody Attorney Services in Claremont CA

A Change in the Needs of the Child

A child custody arrangement is drafted initially to consider the kids and the family’s existing requirements. However, the child’s demands may alter as they mature and develop, necessitating a revision of the agreement. For instance, when kids get older, they can need more time with just one parent, or they might have different needs for medical or educational care.

To make sure that the child’s needs are being fulfilled and that they are receiving the proper care, the custody arrangement may need to be modified. This modification ensures custody arrangement changes are made with the kid’s best interests in mind.

Relocation

A modification of the custody arrangement may be necessary due to relocation. Adhering to the initial custody arrangement might be challenging if one parent wishes to move far away. If the agreement is changed, both parents will still have access to the kids and can communicate with one another.

When considering whether to permit the relocation, the court will consider several criteria, including the kid’s connection with each parent, the cause for the move, the effect of the move on the child, and each parent’s capacity to keep in touch with the child after the transfer.

Changes in Parent's Work Schedules

Changes in a parent’s work schedule may impact an established custody arrangement. It could be challenging for a parent to preserve their current custody arrangement, for instance, if their work schedule shifts or includes longer hours. It may affect the child’s routine and the parent’s ability to carry out their obligations under the contract.

By changing the custody arrangement, you can ensure that the kid’s care is not jeopardized and that both parents may continue to bond closely with the child. For instance, if one parent’s work schedule shifts to include nights, the custody arrangement may need to be changed to permit the kid to spend those hours with the other parent.

Parental Alienation

It is known as parental alienation when one parent tries to turn the kid against another. The kid may suffer serious injury, and the custody arrangement may need to be changed to ensure the child’s safety. Modifying the agreement can protect the kid from additional damage and guarantee that the youngster maintains a relationship with both parents.

To safeguard the child’s best interests, a parent may need to request a revision to the custody arrangement if they believe the other parent is participating in parental alienation. To address the alienation and work on reestablishing a healthy relationship between the kid and both parents, the court may mandate counseling or treatment for the family.

Abuse or Neglect

Child Custody in Claremont, CA

Child abuse and neglect are significant problems that can affect a child’s physical, emotional, and mental health for a lifetime. To ensure the kid’s safety when one parent is abusing or neglecting the child, the other parent may need to request a change to the custody arrangement. Abuse of children can occur physically, emotionally, sexually, or via neglect, among different ways. It is considered neglect when a parent does not provide their child with sufficient food, housing, clothing, supervision, or medical care.

It’s crucial to act quickly to protect the youngster if there are suspicions of abuse or neglect. To get the child out of harm’s way, you could do this by requesting a restraining order or an emergency custody order. Engaging with a qualified family law professional who can advise you on your legal alternatives and direct you through changing the custody arrangement is crucial.

Voluntary Modification

Parents may decide willingly to change their child custody arrangement. It could happen if both parents concur that the present setup is no longer effective or if they wish to change the routine to suit the kid’s requirements better. With the help of voluntary adjustments, parents can craft a custody arrangement that is suitable for their child’s circumstances.

It is usually advised to have a skilled family law attorney analyze any voluntary amendment. Stephen Gassner, a child custody attorney in Claremont, CA, may assist in ensuring that the adjustment is acceptable to the court and is in the child’s best interests. Additionally, he can offer advice on correctly submitting the amendment to the court to formalize it.

Frequently Asked Questions

Can a Non-Parent Receive Custody Rights in California?

Under the right conditions, non-parental custody is possible by California family law. Anyone can apply for custody of a minor kid, including grandparents, stepparents, siblings, aunts, uncles, and even close family acquaintances. Non-parental custody rights applicants must adhere to specific guidelines and provide the required documentation to the court. Our lawyers can guide you through the procedure and create a compelling non-parental custody petition. We can assist you in determining if guardianship status would also be possible.

Should I Consider Using Mediation to Settle Child Custody Disagreement?

Depending on the situation, mediation can be a quick and affordable way to settle disputes between parents over child custody. Through mediation, the parents can receive assistance from a neutral party with specialized training in dispute resolution. The mediator doesn’t have decision-making authority; instead, they employ tried-and-true methods to bring together parents with different viewpoints, as they are specially trained to remain as unbiased as humanly possible in these types of disputes. Mediation is frequently selected for resolving custody disputes because it saves the kids from the wrath of full-fledged litigation.

How Long Does a California Child Custody Case Last?

Because courts often run on a tight schedule, a child custody issue requires several trial dates. Hearings are frequently postponed for various reasons, and a child custody dispute may occasionally last longer than 18 months.

Child Custody in California

You Can Rely On the Law Office of Stephen Gassner

Modifying a child custody agreement in California may be difficult and stressful. It would help if you collaborated with a skilled family law attorney to guarantee that your rights are upheld, and the child’s or children’s best interests are served. 

Modifying a custody arrangement can assist in guaranteeing that the child’s needs are fulfilled and that they are protected from harm, regardless of whether this is because of changes in the child’s requirements, relocation, adjustments to work schedules, parental alienation, abuse, or neglect.

The child custody attorney in Claremont, CA, and the Law Office of Stephen Gassner have the knowledge and experience you need to obtain the best result for your case. You can put your faith in the legal team from the Law Office of Stephen Gassner since they have years of experience handling child custody disputes.

Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000

wide-garage-double-door-and-concrete-driveway-of-n-2023-02-08-01-00-47-utc (1)

How to be Compensated for Separate Property

It is essential to understand the categories of property that can be split up after the conclusion of a marriage in the state of California, particularly if you and your partner are going through a divorce or a legal separation, but it can also apply to a probate case. This is because many different types of property can be divided. These property assets include a wide range of things, including real estate, automobiles, personal belongings, business interests, and obligations like credit cards, mortgages, auto loans, school loans, and business loans. divorce attorney in Upland CA

Seeking the counsel of a Divorce and Assets Attorney will be a wise move so you will not be too stressed and overwhelmed with the legal process. The Law Office of Stephen Gassner will accommodate your inquiries, explain the technicalities of the law, and prepare you for trial. divorce attorney in Upland CA

What You Need To Know About Separate Property

The process of dividing the community property is like adding four new columns to a spreadsheet that lists all of the assets and debts that were owned by the spouses on the date of separation. Each spouse will have two columns to write down the separate property that has been determined to be theirs and another two columns to write down how much of the community property each wants to be awarded.  The parties (or the court) will determine the value of the separate property claims and the total of the community property assets and debts.  Separate property adjustments are applied first, before the remaining community property is divided equally.

Such adjustments are known as reimbursements. If it is proven that separate property was used to pay for a community property asset, an adjustment will be made from the community property asset to the payor spouse in an amount equal to the separate property contribution but no more than the net equity in the property. This adjustment will be made from the community property asset to the payor spouse.

If one of the spouses continues to make payments toward community property obligations after the date of separation, that spouse may be granted the right to be reimbursed by the community estate for the entirety of those payments.

In the event that one spouse only possesses property after the date of separation, the court is required to order the spouse who solely possesses the property to pay back to the community estate an amount equal to the asset’s fair rental value. This is true for all kinds of assets, such as a home for a family to live in, a car, or anything else of substantial worth, but not if the spouse in possession also paid the debt secured by the property.

If one spouse got a valuable education during the marriage, the spouse who got the education might have to pay back the cost of tuition to the community estate.  However, this occurs only if the education significantly increased the educated spouse’s earning capacity and the marriage has not already recovered the cost of the education through the educated spouse’s increased earnings.  Too many “ifs” or “but ifs”?  Contact a competent family law attorney to address your particular situation.

There is a chance of getting paid back for child support, spousal support, or other debts that were incurred before the marriage but were paid off during it. divorce attorney in Upland CA

divorce attorney in Upland CA

Breach of Fiduciary Duty

Breach of fiduciary duty can happen when one party takes property that belongs to the community estate (or to the other party) without permission and uses it for their own benefit. When a breach of fiduciary duty is proven to have happened, the person who broke the trust is usually required to pay for the spouse who was wronged to hire an attorney. The court has the authority to order that party to compensate the other for either half or the full amount wrongfully taken. When a breach of fiduciary duty is proven to have occurred, the person who committed the breach is often obligated to reimburse the attorney’s fees incurred by the victimized spouse.

Frequently Asked Questions

What Is California Separate Property Statute?

Separate property would be any asset owned completely by one spouse. All assets owned equally by both spouses, which were typically acquired during the marriage, are considered community property. In many circumstances, the analysis becomes more advanced (and confusing).

How To Convert Separate Property To Community Property In California?

Typically, converting separate property to community property includes adding your spouse to the deed of your legitimate separately owned property or engaging in the aforementioned activities that allow your spouse to acquire a meaningful interest in such property (quasi-community property).

How Do You Keep Assets Separate In A Marriage In California?

A prenuptial or postnuptial agreement is the best approach to protecting assets. If you have something valuable to you, it is just right for you to want to protect it with a written contract. A prenuptial agreement is a written contract that is drafted before and in contemplation of marriage.

Hire a Knowledgeable and Competent Divorce Attorney

It is vital that you and your attorney identify and document possible reimbursements early in your case and that you make use of this information throughout the process of either settling the divorce or going to court to fight for it.  Usually, the best way to settle a case is to prepare for trial promptly.

You need not look any further for a knowledgeable and competent divorce attorney in Upland CA to help you get compensation for separate property. The Law Office of Stephen Gassner is more than capable of addressing any of your questions and guiding you through the legal process.

Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000

Upland CA Divorce Attorney

What Are the Reasons Why You Should Hire An Attorney Before Filing For Divorce?

Upland CA Divorce Attorney

Divorce is one of the most challenging events you’ll ever go through. High stress, anxiety, tension, and conflict occur daily in divorce cases. As a result, it may become daunting if you attempt to handle the complicated court process alone. For this reason, if you’re considering getting a divorce, you should consider hiring a divorce attorney. Hiring a lawyer may have significant benefits even before the divorce begins. Upland CA Divorce Attorney

Divorce is not an easy process, but with a trusted and brilliant lawyer, you can get through it as comfortably and painlessly as possible. The Law Office of Stephen Gassner is a seasoned divorce attorney in family law, which includes divorce, asset division, and child custody. So let the Law Office of Stephen Gassner help you get a just divorce while keeping a good relationship with your family and kids. Upland CA Divorce Attorney

Reasons You Should Hire An Attorney Before Filing For Divorce

Here are reasons you should hire a divorce attorney before filing for a divorce.

1. You'll Be Ready For The Legal Procedure And Any Issues That Can Appear In Your Case.

You can be adequately informed about the court procedure and prepared for what you could encounter by hiring an expert divorce lawyer before you file for divorce.

Additionally, your lawyer will review your case’s particulars to identify potential problems that might develop. It will then enable you and your lawyer to develop a strategy for effectively resolving these concerns.

2. Preparing The Necessary Documents For Your Divorce.

Upland CA Divorce Attorney

Each party must submit numerous forms to the court as part of the divorce procedure and any pertinent records amassed during your marriage. It contains records about real estate and possessions, financial accounts, insurance plans, and tax obligations. It can take time and effort to compile these documents.

You can decide which papers are crucial and when to furnish them for your case by speaking with your lawyer before beginning the divorce procedure. When your case involves intricate property and financial arrangements, hiring an experienced family law attorney can also enable you to speak with the relevant experts (such as accountants and bankers) to prepare for your court case.

3. Protect Yourself From Any Potential Wrongdoing On Your Spouse's Part.

You and your spouse likely had some communication issues if you consider filing for divorce. For example, you could be worried that your spouse will withhold or conceal marital assets or property. If you have kids, you might be concerned that your partner will try to keep them apart.

Before you file for divorce, you should hire a lawyer to be ready to stop such wrongdoing. Your attorney might be able to get urgent relief from the court during an emergency hearing if your case involves grave wrongdoing on your spouse’s part.

4. Getting The Case To Be Heard In A Favorable Court.

You can choose the location of your case’s hearing if you and your spouse decide to file for divorce while still living apart. In addition, you can choose a court site that is more convenient for you, which is advantageous.

Your Trusted Divorce Attorney

Upland CA Divorce Attorney

An experienced California divorce attorney should analyze your case and advise you on your best options because a divorce could influence the rest of your life. For many years, Upland CA Divorce Attorney The Law Office of Stephen Gassner has handled divorce matters successfully. We can help you get the most significant outcome for your case. Contact us today to schedule your initial consultation. 

Considering Divorce?
Contact the Law Office of Stephen Gassner At
(909) 937-7000 Now!

Law Office of Stephen Gassner

324 N Mountain Ave, Upland, CA 91786, United States

(909) 937-7000

Assets Division Lawyer Upland CA

How Will Assets Be Divided in a Divorce in California?

Assets Division Lawyer Upland CA

Divorce is not usually easy, especially when the couple has been married for a long time and has accumulated significant assets. One of their main worries is how their assets will be distributed between the two parties in a divorce. Assets Division Lawyer Upland CA

According to the state’s divorce laws, California is a community property state, not an equitable distribution state. Accordingly, any assets or property acquired during a marriage belong equally to both spouses and must be distributed equally between the two spouses in case of a divorce by the court.

If you are debating whether to file for divorce, it is essential to seek legal counsel from a divorce attorney at The Law Office of Stephen Gassner. We’ll defend your rights and help you navigate the legal system.

Assets Division in a Divorce in California

Getting a divorce can be difficult, especially if there are kids involved. When a couple divorces, one partner frequently believes they are entitled to more than the other. Arguments over how much should be given to each party results from this. Below is an examination of how property is divided in a divorce.

1. Marital Assets

Assets Division Lawyer Upland CA

California is one of the few states that closely adheres to the community property system. State law mandates that all marital assets be split equally between the divorcing spouses. As a result, many people need to know the full scope of the assets deemed marital property. While it might seem obvious, personal property can include cars, retirement accounts, stocks and bonds, bank accounts, and even family pets. Personal property can also include the family house, furniture, appliances, and personal effects. Even if only one spouse purchases the property or earns the wages, it counts as marital property. In the end, everything obtained throughout the marriage is considered marital property.

A couple can go through divorce mediation to settle their property in a way that pleases both spouses. Even though a court will ultimately decide how to divide your marital property, they frequently endorse agreements that the two of you have crafted. Assets Division Lawyer Upland CA

2. Non-Marital Property Assets

Only non-marital property in a marriage is exempt from the requirement to go through the property division process. For example, gifts and inheritances may not be marital property, and the individual spouse who owns them will retain ownership of them once the marriage has ended. However, based on its use, that item might have turned into marital property and now needs to be split between the two spouses. It might be challenging to predict how the property split will occur because there is a narrow line between marital and non-marital assets.

3. Separate Assets

Jewelry, furniture, clothing, and household goods are examples of personal property acquired during the marriage and considered separate property. In a California divorce, separate property is omitted from the division of the assets. An asset may or may not be a married person’s separate property, depending on how it was initially acquired.

4. Community Assets Versus Separate Property

Assets Division Lawyer Upland CA

Any asset only owned by one spouse is referred to as separate property. On the other hand, any property that both couples own equally is communal property (typically acquired during the marriage).

Complications are likely to occur. If you and your spouse make changes to the property while you are married, if you have a mortgage on a separate property and pay the mortgage with community property, or if you combine separate property and community property, for instance, in a bank account or stock portfolio.

Finding an Assets Division Lawyer

Family Law Attorney in Claremont CA

It can be emotionally demanding even if you have determined that divorce is the right course of action for you. In addition, feeling overwhelmed with emotion can make you more likely to make mistakes that could lead to a significant disparity between the marital assets you are entitled to and the assets you obtain. 

A lawyer from the Law Office of Stephen Gassner can help ensure that your assets are fairly distributed after being accurately valued and categorized. Feeling overwhelmed and bewildered when going through a divorce is completely normal, but a skilled lawyer can make you feel more at ease and ensure the best outcome for you. Contact us today to schedule a consultation with marital property division. Assets Division Lawyer Upland CA

Thinking of Getting a Divorce?
The Law Office of Stephen Gassner Can Help You!
Call Us at  (909) 937-7000 Now!

Law Office of Stephen Gassner

324 N Mountain Ave, Upland, CA 91786, United States

(909) 937-7000