Law Office of Stephen Gassner

What Are the Benefits of Hiring a Mediation Lawyer? 

What Are the Benefits of Hiring a Mediation Lawyer?

Divorce and breakup are challenging situations for everyone involved. Unfortunately, when disagreements arise over specific issues, it gets even more convoluted. When courtroom action is necessary for family law matters, such as child support, custody, spousal maintenance, and property partition, the costs and duration of the legal process can escalate significantly. Thankfully, a mediation lawyer from the Law Office of Stephen Gassner, APC, can assist you in avoiding these kinds of problems.

At the Law Office of Stephen Gassner, APC, we have a neutral mediation lawyer who can assist you in saving both money and time by mediating issues outside of court. The mediation process can reduce your time in front of the judge; even if you and your ex-partner have differing views, all family law disputes must be settled proactively. Contact the  Law Office of Stephen Gassner, APC mediation lawyer, today to learn more.

Looking for a Mediation Lawyer? Call the Law Office of Stephen Gassner, APC

The Benefits of Hiring a Mediation Lawyer

1. Determine If Mediation Is a Good Fit

One faster and more economical way to settle disputes is through mediation. However, it might not always be the best choice. Both sides must be committed to it. To address such problems, you must be open, truthful, and cooperative. The Law Office of Stephen Gassner, APC, may examine your case and advise whether mediation is the best action. If your soon-to-be ex-partner tries to use mediation to conceal assets or give you a settlement that isn’t quite what you are entitled to, you might need to reevaluate your alternatives. You can get assistance in making this choice from your mediator.

Mediation attorney

2. In-Depth Legal Knowledge

It is among the main advantages of working with a mediation lawyer. A thorough comprehension of the legal system is essential for the mediation attorney. Furthermore, a knowledgeable and skilled family law attorney is adept at navigating the many rules and laws about divorce. Before everything is finished, they may assist you in comprehending the legal ramifications of your choices and settlement. 

3. Protect Your Rights

While a mediation lawyer does not provide legal advice in the traditional sense, they are here to facilitate your dialogue with each other. However, your mediation lawyer from the Law Office of Stephen Gassner, APC, will protect your legal rights during the mediation. It will prevent the other party from taking unfair advantage of you or pressuring you into accepting an unfavorable settlement. 

4. Reduce Conflict and Emotional Stress

Mediation is not as adversarial as a legal proceeding, but disputes and emotional strain may still arise. However, using a skilled mediator can help you control your emotions. Your mediation attorney can offer an unbiased and neutral viewpoint, which lessens tension and confrontation. Thus, your attorney can expedite the talks, resulting in a prompt, efficient, and mutually agreeable settlement.

5. Negotiation Skills

Mediators are experienced in handling divorces. They understand how the system functions. Most significantly, your mediation attorney understands your financial and emotional difficulties during a divorce. They can assist you in reaching a settlement that will benefit you and your soon-to-be ex. Your mediation attorney can review your rights and responsibilities under the law. To guarantee a successful mediated settlement, they can assist you in formulating a negotiation strategy. 

6. Preservation of Relationships

In many cases, disputes arise between parties with ongoing or past relationships. Whether it’s business partners, family members, or neighbors, preserving these relationships can be crucial even amid conflict. With the assistance of a skilled attorney, mediation emphasizes collaboration and cooperation, enabling parties to maintain or rebuild relationships while resolving their disputes amicably.

7. Expert Guidance and Representation

Another of the primary advantages of hiring a mediation lawyer is access to expert guidance and representation throughout the process. A qualified mediation lawyer possesses in-depth knowledge of the legal framework and the intricacies of mediation procedures. They can navigate the complexities of the mediation process with finesse, ensuring that their client’s interests are protected and promoted effectively.

Mediation lawyer

Frequently Asked Questions

What Is Mediation?

Mediation is a private, non-binding process in which parties can resolve all or a portion of their disagreement amicably. A qualified mediator is an impartial third party who facilitates conversation. The parties settle their differences, and the mediator does not decide on their behalf. A mediator can frequently explore the parties’ underlying needs, interests, and goals in greater detail. The time and expenses often connected with a formal trial may be decreased through mediation, a flexible and less formal procedure.

How Does Mediation Work in California Divorce?

In California, divorce mediation works by first understanding it is a method of resolving issues related to child custody or divorce. Unlike arbitration or litigation, where a judge or justice renders the final verdict, mediation allows only those involved in the issue to make decisions.

How Long After Divorce Mediation Is Divorce Final in California?

It depends. A mediation settlement agreement is rarely achieved before the six-month mark. However, you must wait six months for the divorce to be finalized.

What Happens if You Miss Mediation in California?

If you miss a mediation session by mistake, the parties may quickly reschedule. On the other hand, if a side willfully misses mediation meetings, they may be penalized in court.

Mediation Lawyer Available to Assist You

Divorce is never simple, particularly if the other party contests it. Fortunately, mediation can help you to a peaceful conclusion. You should approach the discussion with an open mind and a genuine desire to reach a compromise. However, you will still need a skilled mediator. They can assist in negotiating a just settlement, safeguarding your legal rights, and easing your emotional burden. 

Are you in need of a skilled mediation lawyer in Upland, CA? The Law Office of Stephen Gassner, APC, strives to help the parties arrive at a fair, just, and durable settlement by first helping them thoroughly understand the dispute. Instead of allowing the other party to pressure you into an uncomfortable decision, the Law Office of Stephen Gassner, APC, will thoroughly review your case. You deserve prompt, professional mediation services from a trustworthy source. Call today to learn more about the mediation services offered by the Law Office of Stephen Gassner, APC. 

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

Complex Divorce

How to Navigate the Challenges of Complex Divorce

Complex Divorce

In the realm of divorce cases, complexities can vary, but some cases stand out as particularly intricate. Termed as “Complex divorces,” these cases typically involve substantial assets or high-income scenarios. 

One important aspect to consider is the active participation of professional practices, which may include law firms and consulting firms, among others. Additionally, it’s crucial to consider the function of closely held family businesses, such as small businesses run and owned by family members. This type of business structure can have unique complexities when dividing assets during divorce proceedings.

Another factor that is critical to the case is the presence of large estates, which can include significant assets such as real estate properties, investments, and valuable collections. Lastly, high valuations of marital assets, such as stocks, bonds, and retirement accounts, should also be considered, as they can significantly impact the outcome of a divorce settlement.

 

Embarking on a journey through the complexities of divorce is undoubtedly challenging, and at The Law Office of Stephen Gassner, we recognize the emotional and legal hurdles families face during these difficult transitions. As a Certified Family Law Specialist accredited by the California State Bar of Legal Specialization, Stephen Gassner brings a wealth of knowledge and experience to help his clients through the intricate landscape of family law. Our commitment goes beyond legal representation; we ensure that families receive the support and guidance needed to navigate divorce proceedings successfully.

Call The Law Office of Stephen Gassner to Schedule an Appointment

Understanding Complex Divorce

Complex divorce matters extend beyond the conventional challenges encountered in divorces devoid of business ownership. These intricacies manifest when dealing with various elements, including closely held family businesses, professional partnerships, or assets necessitating valuation. The complexity amplifies further with considerations such as business entity ownership, real estate holdings, highly valued collections, employee contracts, and benefit plans.

Financial holdings undergo meticulous forensic scrutiny, especially when the nature of the property is under question. The assessment and evaluation process encompasses aspects like debt distribution, intangible property, and the tax implications associated with the marital estate. 

Additionally, the complexity deepens when assets and investments span across different countries or states. Unwanted exposure risks and the potential for significant spousal support obligations add another layer of intricacy. Furthermore, the dynamics are heightened by the presence of dramatic and combative behaviors exhibited by the spouses involved in the divorce proceedings.

Complex divorce law

Common Scenarios

Complex divorce matters are frequently encountered in the middle class. Entrepreneurs closely involved with other businesses, including partnerships within the marriage, add an extra layer of consideration. As divorces become more complicated, they often involve more than just dividing property or figuring out child custody.

 

The Role of Professionals

In complex divorces, the valuation and investigative process is an important step that requires the involvement of a network of professionals. This complex process entails determining the value of assets, liabilities, and income streams to ensure fair and equitable distribution of property. The professionals involved in this process may include appraisers, forensic accountants, vocational experts, and business valuation experts. The preparation and presentation of the case to these experts become crucial. Success hinges on the attorney’s familiarity with various legal and financial issues and access to top experts in specialized fields.

 

Battle of Experts

In high-net-worth divorces, the financial outcome is frequently determined by the findings of these experts. The resolution often boils down to a battle of experts and what they uncover during the process.

 

Specialized Assistance

Recognizing the unique challenges in complex divorce cases with large marital estates, experienced professionals specialize in handling such matters. Their understanding of the complexities and a network of dedicated professionals ensure effective resolution of all issues.

By navigating the intricacies of complex divorce matters, professionals aim to provide comprehensive solutions, even in challenging scenarios.

 

Frequently Asked Questions

How Are Business Interests Handled in a Complex Divorce?

Business interests in a complex divorce require a thorough valuation process. This usually requires the assistance of professionals, such as business valuation experts and forensic accountants, to accurately determine the true value of the business. Once the valuation process is complete, the final settlement may involve a buyout, co-ownership arrangements, or other solutions based on the findings.

What Happens When Assets Are Spread Across Multiple Jurisdictions?

Unless a court order specifies otherwise, a parent cannot prevent a child from visiting the other parent.

What Happens if You Don't Follow a Court Order for Visitation in California?

When assets are spread across multiple jurisdictions (i.e., different countries or states), it adds a layer of complexity. Legal professionals with international experience and knowledge of jurisdictional issues are crucial in ensuring the proper assessment and equitable distribution of such assets.

How Is Spousal Support Determined in High-Income Divorces?

Spousal support in high-income divorces is usually calculated based on the financial requirements of the lower-earning spouse and the higher-earning spouse’s ability to fulfill those requirements. Forensic accountants may be enlisted to evaluate the actual income and financial capacity of both parties.

What Role Do Forensic Accountants Play in Complex Divorces?

Forensic accountants play a vital role in complex divorces by uncovering hidden assets, assessing the true value of financial holdings, and providing an accurate picture of the financial situation. Their findings often influence the outcome of the divorce settlement.

How Does Joint Ownership of Businesses Impact Divorce Proceedings?

Joint ownership of businesses adds complexity to divorce proceedings. The valuation of the business, the determination of each spouse’s contribution, and the potential impact on the business’s continuity are key factors that must be carefully considered and navigated.

Complex divorce agreement

Trusted Certified Family Law Attorney

At the Law Office of Stephen Gassner, we prioritize compassion and understanding while providing strategic legal solutions. We recognize that divorces involve not just legal intricacies but also emotional challenges. Our dedicated team helps ease the burden on our clients by offering comprehensive support in every aspect of their family law matters. 

Whether it’s equitable distribution of assets, spousal support negotiations, or child custody disputes, Stephen Gassner is here to advocate for the best interests of our clients and their families. In times of transition, turn to a trusted Certified Family Law Attorney who is committed to helping families find stability amidst the complexities of divorce.

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

Law Office of Stephen Gassner

What to Consider when Looking for a Child Support Attorney?

What to Consider when Looking for a Child Support Attorney?

Child support is one of the court’s many crucial decisions in every case involving children, which is why it is crucial to have an experienced child support attorney.

A parent may pay child support to the other parent to help with the children’s daily living costs until the child turns eighteen (18) or, if the child is still in high school and on track to graduate, until the child turns nineteen (19). If your child has exceptional needs, you may be required to pay child support after age 19.

California has developed rules to calculate the possible amount of child support that one parent must pay the other. The amount of child support each parent receives is determined by their different earnings and the number of overnights they spend with their children. It is permissible for parents to agree to a child support payment that exceeds the criteria but not one that is below them. Apart from figuring out the child support amount, the guidelines also specify each parent’s percentage share of other costs not covered by child support, like health insurance, direct medical costs, extracurricular costs, and daycare costs incurred so that a parent can work or go to school.

At the Law Office of Stephen Gassner, our child support attorney in Upland, California, is happy to give you comprehensive, in-depth information on child support-related matters that are significant to you. Call us or set up a free consultation if you need more help with any of these matters or another family law dispute.

Looking for a Child Support Attorney? Contact the Law Office of Stephen Gassner

Essential Factors to Consider When Looking for a
Child Support Attorney

Essential Child Support
  • Experience 

Ensure the child support attorney you choose has the proper expertise. Finding a child support attorney might be challenging at times. Find out how long the attorney has been practicing to make your search for a child support attorney easier. You should also consider testimonials from previous attorney clients. As a result, you can tell if the child support attorney can assist you in winning the case.

  • Cost

Ensure you have a rough idea of how much you should typically spend for the services. The type of services one receives is always determined by the money spent. Thus, it is important to avoid hiring a lawyer who may charge little. It is essential to determine how much other child support attorneys request. You can do this by visiting local attorneys and determining how much they charge. By comparing the outcomes, you can identify a child support attorney with a relatively low rating.

  • Location

Ensuring the child support attorney you work with is nearby is crucial. The meeting will be straightforward. Selecting a child support attorney who lives far away from you could prevent you from using the services when needed.

  • The Commitment of the Attorney

The child support attorney ought to be devoted to prevailing in the legal matter. As a result, you will be confident about your employment decision. A few child support attorneys need to be punctual. It is crucial to remember that child support claims necessitate extensive investigation. As a result, you need to confirm that the attorney can maintain the schedule. Some will sign the contract, leave, and return hurriedly, making it difficult for them to investigate your case.

  • Reputation and Track Record

Researchers keep tabs on documents in the legal sector. Consult dependable individuals, such as family members, friends, or other experts with expertise in family law issues, for recommendations. Online evaluations and testimonies can also offer insightful information about an attorney’s prior achievements and client contentment.

  • Personalized Approach

A child support attorney is aware that every case is different and requires a particular strategy tailored to the client’s requirements. Seek out a lawyer who will listen to your worries, assimilate your objectives, and create a plan of action that serves your interests.

  • Negotiation and Litigation Skills

Child support matters frequently require negotiation, mediation, or even litigation when a peaceful settlement cannot be achieved. It is crucial to select a child support attorney who can effectively represent your interests inside and outside the courts and possesses excellent bargaining skills.

 

  • Communication and Accessibility

Any attorney-client relationship requires effective communication. Choose a child support attorney who keeps lines of communication open, answers your questions right away, and keeps you updated on the status of your case.

Frequently Asked Questions

How Is Child Support Calculated in California?

Child Support is calculated in California through estimates of financial awards based on statewide criteria. These criteria are then used to calculate child support. The following factors are used to calculate child support in California:

  • The number of kids
  • Plan of custody and parenting
  • Each parent’s income
  • Tax-deductible costs
  • Tax filing status 

If one or more of the children shared by the divorcing couple have special needs, they will also be considered as part of the child support calculations.

How Long Do Child Support Payments Last in California?

Child support payments in California last until the child turns 18, becomes a high school graduate, and resides with the custodial parent or when the child is 19, whichever comes first.

Can California Child Support Orders Be Modified When Financial Circumstances Change?

Yes, child support can be modified when financial circumstances change, such as the parent’s income level or the children’s financial needs. It can also be changed when the parenting schedule or custody agreement changes.

Law and Justice

Child Support Attorney In Upland, CA

Are you facing legal issues related to child support, divorce, or custody in Upland, California? Look no further than the Law Office of Stephen Gassner. Our child support attorney is dedicated to giving you the legal representation you deserve. We understand the type of stress and emotional turmoil that come with child support issues, which is why we work tirelessly to ensure your rights are protected and your needs are met. Don’t face these difficulties on your own – let us help! Contact the Law Office of Stephen Gassner today to schedule a consultation and see how we can assist you. 

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

Child Visitation in Claremont, CA

What Are the Types of Visitation Orders in California?

Child Visitation in Claremont, CA

A child used to living with two parents may suffer significantly if their parents get a divorce. Assuming both parents can give the kids a safe atmosphere while they are together, it is crucial for kids to know both of their parents and to maintain a relationship with them. 

According to California law, the non-custodial parent should be permitted frequent and ongoing contact with the children of a divorced or unmarried marriage. The only exception will be in divorce cases where allowing visitation with the non-custodial parent would be damaging or contrary to the child’s best interests. The non-custodial parent is entitled to negotiable visitation unless there is a compelling basis to reject it. Contact an experienced child visitation lawyer with any legal questions or concerns.

Are you facing a dispute over appropriate visitation time? The Law Office of Stephen Gassner in Claremont, CA, will assist in negotiating a solution outside of court or make a solid argument for a judge.

Want to Learn More About Your Visitation Rights?
Contact the Law Office of Stephen Gassner

Types of Visitation Orders

When parents separate or get divorced, they usually devise a schedule for sharing time with their kids. This schedule is known as visitation, often known as time-sharing. Visitation rights are granted to parents with their children less than half the time. Various considerations influence the visitation orders, including the children’s best interests and the parent’s condition. Below are some common types of visitation orders:

Child Visitation in Claremont, CA
  • Reasonable Visitation

The court has the discretion to extend reasonable visitation. Essentially, it gives parents the freedom to design their visitation plans. Judges are more likely to grant reasonable visitation when two parents get along and are concerned with what is best for their children. It suggests that the parents are prepared to negotiate the specifics of visitation with one another and without the court’s involvement.

Reasonable visitation may continue to function indefinitely or deteriorate with time. For example, a judge may impose planned visitation if parents start engaging in more significant conflict that needs the court’s help.

  • Visitation

When a court grants physical custody to one parent, a visitation schedule is put in place to ensure that the non-custodial parent can spend enough time with their child. A shared calendar can be used to outline the schedule, which might include alternating weekends with overnight stays, separating holidays and school breaks, and planning extended summer visits.

As part of visitation arrangements, details such as pick-up and drop-off locations, hours, and an agreement on parental transportation responsibilities are included. The court will only approve a visitation schedule that is in the best interests of the child and benefits both parents. It is important to consider the child’s well-being when making these arrangements.

  • Supervised Visitation

At times, the court may require the presence of a monitoring adult or a trained agency when a child visits their non-custodial parent. This can happen when the child’s safety and well-being are at risk. Supervised visitation is often used to give the child and parent an opportunity to reconnect and feel comfortable around each other if they haven’t seen each other in a while. It is only necessary when the non-custodial parent has a history of violence or abusive behavior. In such cases, the court can order monitored parenting time.

In some cases, a court may appoint a visiting supervisor for a family and require that a parent visit the child in a location approved by the court rather than at their own home. The court may also impose supervised visitation with or without additional restrictions, depending on the situation. For example, if a parent has a history of substance abuse, the court may order them to attend meetings or outpatient treatment before allowing unsupervised access to the child. In severe cases, the court may determine that it is in the child’s best interest to have no contact with a violent parent.

  • No Visitation

If contact with a parent causes physical or emotional harm to the child, the court may impose restrictions on visitation. Both domestic violence and child abuse fall under this. 

In circumstances where it is determined that visitation with one of their parents poses a risk to the safety of the child, the court has the authority to prevent such visitation from occurring. This measure is taken to ensure the well-being and security of the child and may involve the imposition of restrictions on the parent’s access to the child.

Child Visitation in Claremont, CA
  • Virtual Visitation

Innovative parent-child visitation schedules are now possible thanks to modern technological breakthroughs. Parents and kids can chat via a camera, video phone, or computer software during virtual visitation. Virtual visitation is valuable for parents and kids who are no longer nearby or whose work or school schedules make regular visitation difficult.

Although issues and legal issues with this kind of visitation have yet to surface fully, it is one of the tools available to create family ties, even in cases where a parent is not physically present.

Frequently Asked Questions

What Rights Does a Father in California Have to See His Child?

If you are a presumed parent, you are entitled to custody of your kid, visitation with your child, and reunification services, which help you get your child back into your care. When deciding where your child should stay, the social worker will also consider your relatives.

In California, Can a Mother Keep Her Child Away from the Father?

Unless a court order specifies otherwise, a parent cannot prevent a child from visiting the other parent.

What Happens if You Don't Follow a Court Order for Visitation in California?

When a parent fails to comply with court orders, the court can issue orders mandating compliance or imposing penalties. These penalties may include jail time, particularly when noncompliance is severe or persistent. All parties involved in court proceedings must understand and adhere to court orders to prioritize and protect the children’s best interests.

What Happens if You Don't Follow a Court Order for Visitation in California?

When a parent fails to comply with court orders, the court can issue orders mandating compliance or imposing penalties. These penalties may include jail time, particularly when noncompliance is severe or persistent. All parties involved in court proceedings must understand and adhere to court orders to prioritize and protect the children’s best interests.

Child Visitation in Claremont, CA

Experienced Legal Representation for Child Visitation Disputes in Claremont, CA

Child custody is a challenging case to manage. But the people of California have a trusted lawyer for child custody: Stephen Gassner. The Law Office of Stephen Gassner has more than two decades of experience in the legal world and is committed to protecting your legal rights. 

The Law Office of Stephen Gassner also offers legal services on Divorce, Paternity, Child Support, Spousal Support, Property Division, and International matters. 

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

Women's Divorce Attorney in Upland CA

What Are Some Common Divorce Issues for Women?

Women's Divorce Attorney in Upland, CA

Divorce may be your best option if your marriage is not working, even if ending it cannot be accessible in many ways. The outcome of the situation might significantly affect the remainder of your life. Each of these issues is especially important and can affect your life for many years regardless of whether or in what capacity you maintain child custody, what joint property you keep, or whether you pay or get spousal support. To protect your rights as a woman in a California divorce, you need a compassionate, zealous, and influential women’s divorce attorney in Upland, CA, on your side. 

The women’s divorce attorney team at the Law Office of Stephen Gassner has spent decades helping women safeguard themselves, their families, their assets, and their financial futures throughout California divorces. Our trial-ready team is ready to support you at every turn.

The Common Divorce Issues for Women

Mothers' Rights

The legal environment around child custody disputes has changed. It is no longer the custody case that a judge will grant child custody to the mother. California law courts presume that parents share parenting responsibilities and should maintain contact with their children unless proven differently. If you desire a particular child custody arrangement, you must either agree with your partner or persuade the court of your case. You may fight for the best custody arrangement for your kid and your family with the assistance of an ardent mother’s rights attorney at the Law Office of Stephen Gassner.

 You are entitled to child support payments from the other parent if you are granted primary custody or have custody of the kid. The non-custodial parent owes child support and belongs to the kid, not the parent. Discuss your child’s legal rights and what to do if your husband or co-parent contests them or fails to uphold their commitments with a qualified child custody and alimony lawyer.

Women's Divorce Attorney in Upland California

Property Division

State community property laws apply in Upland, California. That means that both parents are equally entitled to all property gained by either partner throughout the marriage. Real estate, retirement benefits, stocks, and company ownership interests are all considered property forms that must be divided after a divorce. The parties or the court may determine that they equally divide the marital property. The parties may need to split each asset more precisely in half.

 Our property division attorney can assist you if you wish to safeguard distinct assets (i.e., assets accumulated before marriage). We will advocate and fight to protect your legal right to any specific marital assets you desire to retain. We will investigate your finances to ensure they are not holding marital property throughout the divorce or even when calculating spousal support. At the Law Office of Stephen Gassner, our all-inclusive women’s divorce service guarantees you the best representation available in court and on the negotiating panel. 

Spousal Support

Your money may undergo disruption if you get a divorce. It is vital to make plans for the future, which may include paying or receiving alimony (also known as spousal support). In California, spousal support is granted temporarily while the divorce is ongoing and permanently or long-term once the divorce is finalized. The amount of long-term alimony awarded would depend on factors like the spouse’s earning potential, financial situation, and the length of the marriage. Stephen Gassner is available to help you if you want to reduce the amount of alimony you must pay. 

Frequently Asked Questions

What Are the Legal Grounds for Getting a Divorce in Upland, California?

Because California is a “no-fault” divorce state, the spouse or Registered Domestic Partner who files for divorce first does not have to show that the non-filing spouse or domestic partner intentionally causes them damage or negatively affects their quality of life. In California, just one of the spouses or domestic partners must claim that the pair can no longer get along to obtain a no-fault divorce. It is referred to legally as having “irreconcilable differences.”

 The spouse who files for divorce first may dissolve the marriage of their own free will. Furthermore, even if the domestic partner or non-filing spouse does not desire a divorce, they cannot halt the procedure by simply declining to take part in the case. In this case, they can still get a default verdict, and the divorce will be granted.

How Long Does It Take to Get a Divorce in California?

In all divorce cases, California mandates a six-month jurisdictional period. As a result, you can only get a legally binding divorce if six months have passed since the respondent was served with the Petition for Dissolution. But many cases are resolved before the six-month mark. You can have a divorce judgment recorded that specifies a date in the future for the marriage to end if your case is settled before the six-month mark. When the agreement is signed, all the provisions of your settlement—including those about property division, debt distribution, child support, spousal support, child custody, and visitation—will come into force. Your marital status will not become “single” until the day the verdict is handed down.

How Is Alimony Determined in a California Divorce?

Alimony is decided case-by-case according to each state’s established rules. Most jurisdictions consider the couples’ current earning capacity and potential for future growth. Any court’s determination of alimony will be strongly influenced by the extent to which one spouse was reliant on the other spouse during the marriage.

Women's Divorce Attorney in California

Compassionate Women's Divorce Attorney for Your California Divorce

You need an experienced, sympathetic attorney if you are a California woman facing divorce. Our Upland women’s divorce lawyer team at the Law Office of Stephen Gassner is ready to defend your custody rights, battle for marital assets, and safeguard your interests in child support and custody disputes. Until we get the outcomes you deserve, our skilled family law attorney team is ready to remain by your side. Contact the Law Office of Stephen Gassner, the trusted women’s divorce attorney in Upland, CA.

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

Child Custody Attorney in Upland CA

What Factors Affect Child Custody Decisions in Upland, California?

Child Custody Attorney in Upland, CA

When it comes to matters concerning child custody, your best option is to consult a knowledgeable and experienced child custody attorney in Upland, CA.

Child custody is the legal arrangement between a parent and their kid in which the parent is responsible for raising the child and has the authority to make decisions for the child. When you separate from your spouse, child custody becomes a problem. 

However, if you and the other parent divorce amicably, you and the other parent can agree on a parenting schedule that specifies who will have custody of the kid and when. If you and the other parent cannot agree on a parenting schedule, the court must decide based on your child’s best interests. Family law in California can get extraordinarily difficult in this area. 

For years, the Law Office of Stephen Gassner has helped thousands of clients with their child custody cases. We can help you and will work hard to give you the individualized, careful service you deserve.

Factors that Affect Child Custody Decisions in Upland, California

Knowing the factors the judge could consider when determining the kind of custody to grant is helpful if you are involved in a custody dispute. The age and health of the kid and parents are just two of the numerous things the court considers. The judge may also consider the child’s emotional ties to each parent. The California Family Code outlines the criteria the court must consider in each custody case. It also contains elements the judge may not consider, such as either parent’s gender expression, sexual orientation, or sex and gender identity. 

The outcome of your custody case might be affected by various variables. Here are some of the frequent elements that courts consider when deciding who gets custody:

Child Custody Attorney in Upland

Ability to Support the Child

The court considers a parent’s ability to sustain a child as supporting a child’s financial, emotional, and physical needs, which is essential in this decision. Income does not affect a parent’s capacity to provide for a kid. However, child support amounts are determined using each parent’s income. 

 Considering the family’s situation, the desire and determination to ensure the kid’s requirements are satisfied can be regarded as supporting a child. It entails maintaining a clean, safe household and fostering communication between the kid and the other parent. Ensuring a child attends school, forms healthy routines, and has excellent habits is part of supporting them. 

The History of Domestic Violence or Allegations of Abuse

The court will thoroughly investigate if there are abuse or domestic violence accusations. The court will not put the kid in a dangerous or harmful situation. It is crucial to remember that some parents may use fabricated claims of abuse or violence as leverage in custody disputes. If you are being accused of abuse or domestic violence, please get quick legal assistance from a family law attorney. You can lose custody of your kids and must go through supervised visits.

Stability and Schedules

A court could be hesitant to take a kid away from a secure family, especially if doing so would put the youngster through unneeded mental pain and worry. The courts, therefore, work to keep the kids in their familiar environment. They also try to minimize disruptions to the kids’ schedules.

 The idea is to avoid making too many changes while enabling the kids to have substantial contact with both parents. Sometimes, more so than parents, children experience the repercussions of divorce. Thus, preserving as much stability as possible in their routines and living conditions helps lessen divorce’s adverse effects. A judge may consider a person’s participation in extracurricular activities, social engagements, sports, and other events. When possible, the parents may need to adjust the child custody and time-sharing arrangements to fit the kid’s schedule.

Children's Priorities

The judge may consider a child’s desire for custody. Compared to younger children, the choices of older, more developed youngsters are given greater weight. Judges must constantly be wary of parental manipulation while viewing a child’s choice while making custody decisions. To “win” a custody dispute, parents may influence kids and try to alienate a child from the other parent. The effects of parental manipulation and estrangement on the kid are grave.

Other People in the House

The court also considers additional occupants of each dwelling. For instance, moving a kid away from half- or step-siblings may harm the youngster’s emotional health. Placing a kid with a stepparent or another adult with a history of abuse claims in the family is also not recommended. The judge closely examines who lives in each home and balances the parents’ requirements and preferences with the kid’s best interests.

Allegations of Substance Abuse

Living with a parent with a drinking or drug issue may be unsafe for the child. The judge may grant custody to the other parent under certain circumstances. Like abuse and violence, a spouse may use fabricated claims of drug usage as leverage to get complete control of a kid.

Frequently Asked Questions

How is Child Custody Determined in California?

When a child’s parents can agree on child custody, the court will often issue an order confirming the terms of the agreement. The parties may need to participate in arbitration or mediation if they cannot agree. If everything else fails, the court will hear the case and issue a ruling the parties must follow. When deciding child custody, the court will consider testimony, the report of a court-appointed guardian looking out for the kid’s best interests, and other evidence. The standard the court applies in making these judgments is always what is in the child’s best interest.

Does Child Custody Primarily Go to One Parent in California?

Many individuals form the false assumption that this is true. The response is “no.” The fact is that courts frequently grant other forms of custody, such as shared physical custody, shared legal custody, or a mix of both. Although some jurisdictions need a primary caretaker, this only sometimes means one parent receives sole custody. The courts always give the evidence and the child’s best interests priority. 

If I Share Child Custody 50/50, Do I Have to Pay Child Support?

Child custody and child support are connected yet very differently. The parent who sees the kid the least will be liable for paying child support. The courts will consider the parents’ incomes and future earning potential in cases where both parents have shared legal and physical custody. One parent may be obliged to pay child support to the other parent if their income is much higher than that of the other parent to help the parent with the lower income sustain their kid. 

Upland CA Child Custody Attorney

Get Help With a Child Custody Case Sooner Than Later

Child custody cases can be complex. Even if your kid’s other parents seem amenable to negotiating a joint custody arrangement, they could change their mind anytime. It is best to have an experienced Child Custody Attorney in Upland, CA, like The Law Office of Stephen Gassner, on your side from the beginning. Talk to a divorce lawyer immediately if you and your spouse consider separating or divorcing. Before the lawsuit is even filed, Stephen Gassner can assist you in taking action to safeguard your best interests and the interests of your children. 

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

Child Custody in Claremont CA

What Are the Different Types of Child Custody in California?

Child Custody in Claremont, CA

Child custody is the legal relationship between a parent and their child in which the parent is responsible for raising the child and has the right to decide for the child. In Claremont, CA, child custody becomes a problem when two parents decide to split. However, suppose you and the other parent separate amicably. In that case, both parents can agree on a parenting plan that details the period you both have custody of your child. 

However, if both parents cannot agree on a parenting schedule, the court must decide based on your child’s best interests. This aspect of California family law can be extremely complicated. Therefore, you must speak with an experienced California child custody attorney.

If you are battling over child support issues in Claremont, CA, you need a lawyer you trust to represent you. The Law Office of Stephen Gassner in Claremont can assist you in solving your child support problem and will work hard to give you the individualized, careful service you deserve.

The Types of Child Custody in California

A judge may issue many kinds of child custody orders. When making a child custody decision, the judge will decide whether your child would benefit more from living with you, the other parent, or both. The judge would also examine what is in your child’s best interest while determining child custody arrangements. Here are the different kinds of child custody arrangements:

Child Custody in Claremont

Legal Custody

Legal custody determines who, if either you or the other parent, or both of you, has the authority and duty to make crucial parenting decisions about your child’s health, education, and welfare. There are two types of legal custody court orders:

Sole Legal Custody

Under a sole legal custody arrangement, you or the other parent will have complete decision-making authority over your child’s health, safety, and welfare. You can use sole legal custody entirely or partially. So that means only one parent (hence the word, sole, in the title) can make those decisions. These decisions include housing, healthcare, education, and even religion if sole custody is awarded for that child. Following a court’s determination that domestic abuse has occurred, sole legal custody is frequently granted.

Joint Legal Custody

Section 3002 of the California Family Code states that “joint custody” denotes a child’s physical and legal custody. If both parents have joint custody, you will have equal decision-making authority about your child’s health, education, and well-being. Both parents will be the child’s primary caregivers, but your child may spend less time with you than the other. It is due to the difficulty of adequately dividing time in half when you have obligations like a job and education.

In most cases, courts prefer to provide joint custody orders over sole custody so that you can participate and have an equal voice in your child’s life. But if both parents are granted shared legal custody, it is crucial to remember that there is equal decision-making power between the two parents. 

For example, consider the scenario when you cannot agree on a shared custody plan that addresses the child’s welfare, education, or medical needs. In that situation, you and the other parent must go back to court so that the judge can decide what is best for your child.

The court may conclude that both parents should not share legal custody in certain circumstances. For example, a parent’s incarceration, a history of severe mental illness, or domestic violence are all potential causes not to award joint custody.

Physical Custody

A physical custody order specifies where the child will reside with either parent. Physical custody orders can be under two different circumstances:

Primary Physical Custody

If one parent has sole physical child custody, the child will stay with and be under the supervision of that parent. However, a visitation order may still be issued by the court. Therefore, your child will reside with either you or the other parent, depending on who is awarded custody; the other parent will likely be given visitation privileges.

Joint Physical Custody

According to this agreement, each parent must have substantial physical custody. Therefore, ensuring that your child spends significant time with you and the other parent is the legal goal of joint physical custody. As a result, your child will live with you and the other parent. However, time may not be distributed equitably because of school and work.

Frequently Asked Questions

What Is Child Custody?

A custodian is someone who looks after or safeguards another person. Child custody in a legal context refers to the designation of one or more people to care for and raise a child under 18.

When Does Court-Ordered Child Custody End?

  • Court-ordered child custody usually ends when:

    • The child turns 18
    • The child gets married or enlists in the military
    • The court terminates support or custody 
    • The child passes away before turning 18 

The age of majority in California is 18 years old, at which point a person is regarded as an adult. Therefore, the laws governing child custody are no longer valid.

How Is Child Support Calculated in California?

California has developed a formula that parents and attorneys can use to determine how much child support a parent may owe or receive. The following details are considered in this formula:

  • The total time each parent spends with their child during parenting or visitation.
  • Every source of income for the parent, including unreported income like alimony or unemployment.
  • Amounts of permitted income deductions, like those for federal and state taxes, health insurance premiums, and union dues.
  • A parent’s contribution to the support of a kid from a previous relationship.
  • Any costs the parent may incur because of their employment.
  • Pertinent expenses include daycare, special schooling, travel, or medical care.
Child Custody Lawyer in Claremont CA

Compassionate Child Custody Lawyer in Claremont, CA

Hiring a lawyer to represent you before a family court is crucial in ensuring your child support case is decided justly. Your child’s fundamental requirements and the right to a comfortable, happy life are essential to one’s peace of mind, and the Child Custody Legal Team at the Law Office of Stephen Gassner is aware of this.

The formula for calculating child support appears simple but can only be as fair and precise as the given data. Not all parents are truthful with the court; some may attempt to trick or manipulate the system to reduce child support payments. For instance, some parents may conceal assets or income to lower the monthly support they must pay. Others may assert that they need help finding employment or that their earning potential is lesser than it is to receive more assistance. With thorough research and the use of evidence, these problems can frequently be remedied. Should your circumstances or those of your kid change, an attorney can also assist you in determining a new monthly child support amount. The Law Office of Stephen Gassner will assist you if you are starting a child custody battle before a California family judge to help you get the result you need.

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

Child Support Attorney Claremont, CA

What Should You Know About Child Support in California?

Child Support Attorney in Claremont, CA

A child support attorney in Claremont, CA can help you with payments to assist divorced partners in equitably ensuring the welfare of your children. Child support payments are often given by a non-custodial parent to the custodial parent. However, shared custody arrangements also use them, primarily if the parents’ incomes differ or the children spend most of their time with one parent. 

Payments typically endure until the youngest kid becomes 18 and completes high school. However, they could continue longer for a child the courts have determined to be disabled. In general, non-custodial parents must make sure that their health insurance, if any, covers their children as well. This part of California family law can be very complicated. Therefore, you must speak with an experienced child support attorney in Claremont, CA. 

If you are battling over child support issues in Claremont, CA, you need a lawyer you trust to represent you. The Law Office of Stephen Gassner is a child support attorney in Claremont, CA, who can assist you in solving your child support and will work hard to give you the individualized, careful service you deserve.

What You Need to Know About Child Support

Child Support Attorney in Claremont, CA

What Is Child Support?

Child support is the sum of money the non-custodial parent must give the caretaker. The parent’s contribution to the child’s basic living costs, such as clothing, food, shelter, medical care, and education, is represented by this sum. A parent must pay the kid’s custodian rather than the child directly when they are ordered by a court to pay child support. States typically do not force parents to continue providing child support once a child becomes 18 years old.

The only children for whom a person is legally obligated to provide are their biological offspring. Therefore, a court cannot order a person to pay child support for a stepchild if it is recognized that the person did not formally adopt the stepchild. While most jurisdictions adhere to this standard, several states have varied rules regarding stepchild support.

Who Pays Child Support in California?

Both parents are required by law to support their children financially in the state of California. However, in most cases, child support is paid to the custodial parent by the non-custodial parent (the parent who does not have primary physical care for the kid).

How Is Child Support Calculated in California?

Child support in California is often determined using a technique called guideline calculation. This calculation considers several variables, including each parent’s income, the time each parent spends with the kid, and any childcare or health insurance cost. Use the state’s official calculator to calculate how much child support you could be eligible for.

It’s crucial to remember that the court always has the last say in deciding whether to provide child support. Although the guideline calculation is a starting point, a court may occasionally depart from it due to exceptional circumstances.

How Are Child Support Payments Enforced in California?

You have several alternatives for getting the other parent to pay back child support if you are the custodial parent in California and they have stopped making payments. The following three methods are used in California to enforce child support obligations:

Income Withholding Order

An Income Withholding Order (IWO) is a court order instructing the employer of the non-custodial parent to deduct a specific sum from the paycheck each month and submit it to the court. The money will then be sent to the custodial parent by the court.

Lien on Property

The court may put a lien on any assets the non-custodial parent owns, such as a home or vehicle. It implies that the non-custodial parent can only sell the house once they have settled their unpaid child support obligation.

Seizure of Property

In rare circumstances, it would be feasible to completely take the non-custodial parent’s assets to satisfy the child support obligation. The non-custodial parent often can only do this if they have substantial assets, such as many residences or pricey items.

How Can Child Support Be Modified in California?

There are two methods to change child support in California: through the court system or through direct discussion between the parents. Either parent may ask the court to modify the child support order if the parents cannot agree. After reviewing the case’s facts, the court will decide whether a change is necessary. 

Some of the reasons why the court might modify a child support order include:

  • One parent has lost their job.
  • A considerable shift in one parent’s or both parent’s income or a change in how much time each parent spends with the kid.
  • One parent gets remarried and has more kids.

Frequently Asked Questions

How Is Child Support Determined in California?

The intricate mathematical formula factors in the parents’ various income levels and time-sharing agreements determine California child support.

When Does Child Support End in California?

According to state legislation, court-ordered child support often expires when the minor turns 18, graduates from high school, gets married, enters a domestic partnership, becomes emancipated, or passes away. The parents will still be liable for the kid’s support if the youngster reaches 18 while still enrolled in high school. However, the parents are free to continue supporting the child. The court may require both parents to continue providing for the dependent kid if they cannot do so due to medical or mental health issues.

Can Child Support be Changed?

Yes. The amount of child support may be increased or decreased. Typically, the paying parent requests a reduction while the receiving parent begs for an increase. It can change higher or downwards for various reasons, including a job loss, a wage increase, a promotion, a change in custody, or changes in the child’s demands (typically related to medical needs).

What Happens if You Can't Afford Child Support in California?

Payments must be made in the prescribed amount and on the designated dates. A child support order’s non-compliance may result in dire legal repercussions. The court may issue an arrest warrant for a parent if they fail to make one or more child support payments.

Child Support Attorney in Claremont

Your Experienced Child Support Attorney in Claremont, CA

Child support disputes can arise long after the resolution of child custody. Your child should have the best opportunities after a divorce. Stephen Gassner and his legal team can help. They can help you through the child support laws in Claremont, California, since they have the necessary information and expertise. Let us know if you are going through a divorce or if enforcement is causing you problems. Our child support legal team will help ensure your children receive financial assistance. Contact our law office for a free child support case evaluation.

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

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What Are the Common Mistakes to Avoid in a Child Custody Dispute

Child Custody Attorney

Child custody goes beyond where your child lives. During child custody battles, the judge will consider whether your kid would be best off with you, the other parent, or both. But most of all, they determine the best interests of the kid or children.

Child custody disputes are similarly emotionally charged judicial processes that may have a substantial influence on the lives of both parents and, most significantly, the children involved. Navigating the complicated legal environment of California’s child custody laws necessitates careful analysis and intelligent strategy. 

You will require skilled legal assistance from a child custody attorney to avoid these blunders. A respected name in child custody disputes in Upland, CA, is the Law Office of Stephen Gassner. The Law Office of Stephen Gassner is a certified family law specialist with over 27 years of experience as a licensed attorney.

Need Legal Advice on Child Custody in CA?
Call the Law Office of Stephen Gassner
at (909) 937-7000

Things You Should Avoid When Facing Child Custody Battles

1. Delaying Legal Action

Delaying legal action is one of the most common blunders that parents make. Prompt action is essential whether you’re contemplating divorce or dealing with post-divorce custody concerns. Waiting too long to obtain legal assistance or resolve custody issues might harm your case. In California, family courts aim to make decisions that serve the child’s best interests, and a delayed response may convey a lack of urgency or commitment.

It is essential to contact an experienced child custody lawyer right away to achieve the best outcome for your case.

2. Lack of Communication

Communication is crucial to co-parenting and how courts evaluate collaboration. Effective communication with your ex-spouse or co-parent is critical. Poor communication can exacerbate disagreements and have a detrimental influence on your child. Avoiding conflicts and keeping channels of communication open is vital.

3. Poor Documentation

Evidence and documents are extensively relied upon in California family courts. Please keep detailed contact records, visiting arrangements, and significant occurrences to ensure your case is successful. Judges like proof supporting your arguments and allowing them to make educated choices. A well-documented case gives the court concrete evidence to back up your allegations and can considerably influence the final verdict.

4. Ignoring Court Orders

Court orders are not discretionary, and failure to follow them might result in significant legal penalties. Noncompliance with visitation schedules, child support payments, or other court demands can result in contempt proceedings and harm your status in the eyes of the court.

5. Ignoring Mediation

Some parents refrain from mediation, believing it is unneeded or ineffective. However, mediation is necessary in California before proceeding to court. It allows parents to work together on a parenting plan, which can lead to more agreeable results.

6. Dismissing Child's Point of View

Parents must frequently remember that the court respects the kid’s preferences, especially as the child ages. Dismissing your child’s feelings or wants might backfire. Understanding and accepting your child’s viewpoint can have a favorable impact on the court’s choices.

7. Representing Yourself

While representing yourself in court is lawful, it can be dangerous. Child custody lawsuits include complicated legal procedures, and without competent legal experience from a Certified Family Law Specialist, you may overlook critical issues or make costly mistakes.

Child custody fights in California need careful navigation of legal issues and knowledge of the emotional toll they may impose on all parties involved. Parents may avoid frequent blunders, build successful co-parenting relationships, and prioritize their children’s well-being by learning from the advice of experienced attorneys. 

child custody attorney

Choosing the Best Child Custody Lawyer

Child custody issues sometimes include long-standing family bonds, emotional tension, and intricate laws. With legal assistance, this terrain is more manageable. A child custody attorney specializes in family law, guaranteeing skilled guidance through custody issues.

A Family Law Attorney in Upland, CA, understands your state’s child custody laws and tailors a strategy to your case. They advise on legal papers, court procedures, and potential risks to help you and your child reach the best outcome.

  • Experience

Look for a child custody-experienced family law counsel. Successful past experiences prove their competence and efficacy. Throughout the process, your lawyer should simplify complex legal concepts to empower you. Attorneys can better understand and handle the emotional toll of a custody battle.

  • Recommendations

Find the finest child custody attorney available by doing considerable research. Online reviews can reveal an attorney’s reputation and consumer satisfaction. Friends, relatives, and legal professionals can provide reliable referrals. Personal references can also establish an attorney’s honesty and efficacy.

  • Initial Consultation 

When hiring an attorney, the initial session is crucial. You can assess the attorney’s knowledge of your case and how well their plan matches your goals. Look at their communication style, ability to solve your issues, and legal procedural requirements. 

  • Legal Strategy

A thorough case assessment follows attorney selection. Your attorney will learn about your family, finances, and other factors. They use this detailed examination to determine your case’s strengths and weaknesses to create a legal strategy. A good child custody attorney will keep you informed and prepared throughout the legal procedure.

  • Transparency 

Money and representation matter. Qualified child custody attorneys cost more, but the long-term benefits often outweigh them. Choosing the right attorney ensures that you have the most significant legal representation.

  • Open Communication

The legal process requires communication. Your child custody attorney stays informed of case developments by communicating with them. Timely updates and information exchange improve legal strategies.

Employing a child custody lawyer helps you effectively navigate the legal system. An experienced lawyer provides legal guidance, emotional support, and strategic advocacy. You can tackle brutal child custody battles by valuing professional assistance, hiring the right attorney, and actively engaging in the legal process.

Frequently Asked Questions

Why Do I Require the Services of a Child Custody Lawyer?

Child custody battles entail complicated legal processes, and having an attorney specializing in family law helps guarantee that your rights are protected, and your child’s best interests are prioritized. A child custody attorney provides experience, assists you in navigating legal issues, and advocates your interests in court.

In California, Can a Mother Keep Her Child Away from the Father?

Unless a court order specifies otherwise, a parent cannot prevent a child from visiting the other parent.

How Do I Select the Best Child Custody Lawyer?

Look for a family law specialist with a demonstrated track record of success in child custody disputes. They should also have excellent communication skills and empathy. Consider suggestions from reliable sources, read reviews, and schedule preliminary consultations to determine compatibility.

What Function Does a Child Custody Attorney Have in Mediation?

During mediation, a child custody attorney assists you in navigating negotiations with the other parent, ensuring that your rights are preserved as you work toward an agreement. They may advise you on legal matters, examine suggested agreements, and walk you through mediation.

child custody attorney

Upland, California Family Law

Remember that your child custody attorney is more than a legal expert—they should help you preserve your rights and prioritize your child’s best interests. Successfully navigating a child custody dispute requires teamwork, thoughtful planning, and a complete approach.

Working with a child custody lawyer who has assisted other parents with child custody and child support difficulties is critical to achieving the best results for your child’s well-being. The Law Office of Stephen Gassner is here to guide you through the child support laws in Upland, California. Besides child custody and support, they also handle family law issues, including divorce, property division, paternity, child custody and support, spousal support, visitation rights, and property division.

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

What Do You Need to Know About Child Custody in California?

Lawyer for Child Custody

Child custody choices are among the most critical areas of family law, and for parents in California, understanding the complexity of joint and sole custody agreements may be particularly difficult. In this thorough guide, we’ll dig into the legal ramifications of joint custody and sole custody in California, examining the variables that impact these decisions, the rights and obligations connected with each, and the considerations that courts consider.

A legal battle with a family member may be difficult and stressful, especially when little children are involved. If you are fighting for child support, you need a lawyer for child custody in Upland, CA, which you can rely on. The Law Office of Stephen Gassner, APC, can assist you in effectively resolving your child custody case and will work hard to win your case.

Need Advice from a Child Custody Attorney in Upland, CA? Call the Law Office of Stephen Gassner

What Is Joint Custody?

Joint or shared custody is a legal arrangement that allows parents to work together after a divorce. California family courts recognize the importance of both parents raising their children. The state offers two types of joint custody, each addressing a particular parental role and commitment.

1. Joint Legal Custody

Parents can make child-related decisions with joint legal custody. Educational, healthcare, and religious upbringing decisions are examples. Joint legal custody involves shared responsibility for major life decisions affecting the child. Both parents make important decisions about the child’s well-being and development, even if the youngster lives with one parent.

2. Joint Physical Custody

Joint physical custody includes the child’s living circumstances and time with each parent. A combined plan might ensure the youngster gets regular and continuing contact with both parents, not 50/50. Joint physical custody aims to design a timetable that fulfills the child’s requirements and involves both parents. This schedule may vary depending on the child’s needs.

Whether joint legal custody, joint physical custody, or a combination of both, the goal is to provide a supportive and caring environment that lets the child grow while maintaining meaningful links with both parents.

Factors Affecting Joint Custody in California

When deciding on joint custody, the court considers several factors, including the child’s welfare, the parents’ capacity, and the family’s dynamics.

  • Cooperation

Courts in California emphasize parents’ ability to work together for their children. A willingness to cooperate on child raising, education, health, and well-being is valued. Cooperation helps children develop good emotions by reducing conflict.

  • Parental Household Stability

In custody decisions, each parent’s home and stability matter. Courts assess the child’s living circumstances and their impact on adjustment and development. For the child, courts may consider each parent’s home’s cleanliness, safety, and suitability.

  •  Child-Parent Relationship

The court examines the child’s emotional relationships with each parent. This factor helps measure the child’s bonds and predict their ability to maintain positive connections. 

  • Safety/Health

Parents’ emotional and physical health is carefully managed to ensure the child’s safety, well-being, and development. The court also evaluates their mental and physical health to ensure each parent can satisfy the child’s requirements. Considerations include substance misuse, mental health issues, and concerns about the parent’s ability to provide security.

It is best to talk to a trusted Child Custody Attorney in your area to learn more about joint custody.

Understanding Sole Custody

Sole custody is a significant legal arrangement that identifies one parent as the primary caretaker with sole legal and physical rights and obligations for the kid. 

1. Sole Legal Custody

Sole legal custody gives one parent complete control over the child’s upbringing. It includes vital life decisions impacting the child’s development, such as school, healthcare, and religious upbringing.

 The parent with sole legal custody makes all decisions affecting the child’s life. Though they have visiting privileges, the noncustodial parent has no say in crucial decisions. 

2. Sole Physical Custody

Sole physical custody entails the kid generally staying with one parent and having visitation rights with the other. Contrary to widely held belief, sole physical custody does not imply that the noncustodial parent has no contact with the kid; instead, they spend less time with the child than under a shared physical custody arrangement.

The custodial parent manages the child’s daily life. The noncustodial parent may have court-ordered visiting privileges. It provides a stable and constant living environment for the kid, mainly when the parents are apart. It also allows the custodial parent to create routines and continuity for the child’s upbringing.

Factors Influencing Sole Custody Decisions

When considering custody arrangements, courts carefully assess any history of abuse or neglect, putting the child’s safety and well-being first.

  • Stability and Consistency

The stability and consistency of the custodial parent’s household are critical in assessing if sole custody is in the best interests of the kid.

  • Willingness to Promote the Relationship 

The court looks at the custodial parent’s desire to develop and support the kid’s relationship with the noncustodial parent to ensure that the youngster retains contact with both parents.

  • Preference of the Child

Depending on maturity and age, the court may consider the child’s preference when choosing sole custody arrangements.

Understanding the ramifications of each form of sole custody and the reasons that impact these decisions is critical for parents navigating California’s legal terrain of family court. It emphasizes creating a secure and supportive environment for the kid, even when one parent has primary custody.

Navigating the complexity of joint vs. sole custody in California needs a thorough awareness of the legal implications and a calculated strategy. Remember that every situation is different, and working cooperatively with legal professionals helps guarantee a more seamless transition for parents and children during the complex process of deciding child custody.

How to Navigate Child Custody Disputes in California

Custody battles may be emotionally charged, so it’s critical to approach them thoroughly and be aware of California’s legal environment. Follow these steps to negotiate custody disputes efficiently:

  • Seek Legal Advice

Speak with an expert family law attorney specializing in California child custody matters. They can give specialized guidance depending on your case. Talk to a certified lawyer for child custody, like the Law Office of Stephen Gassner. He has over 27 years of experience as a licensed attorney and has handled several child custody cases.

  • Understand Your Rights

It is essential to know your parental rights and responsibilities. Understanding the elements of determining custody choices in California will allow you to make more educated judgments. 

  • Conflict Resolution

California courts frequently encourage parents to use mediation or other conflict resolution procedures before resorting to litigation. These tactics may result in more agreeable settlements and be the best option for the children involved. Get help from a lawyer for child custody to help you find the best solution for your case.

  • Document Your Case

Keep thorough notes of contacts with the other parent, pertinent correspondence, and any situations that may influence the child’s well-being. Documentation can be used as evidence in court.

  • Focus on the Child’s Best Interests 

Regardless of the custody arrangement, courts emphasize the child’s best interests. Demonstrating your dedication to creating a healthy and suitable environment for the child is critical. The Law Office of Stephen Gassner has the knowledge and experience you need to get the best outcome for your case and your child. 

Frequently Asked Questions

Why Do I Need an Attorney to Represent Me in Child Custody Proceedings?

You need an attorney because child custody disputes can be quite complex, and a lawyer for child custody can advise your legal choices, walk you through the legal process, and fight for your rights.

How Do You Find the Right Child Custody Attorney?

You can find the right child custody attorney by asking friends, relatives, or coworkers for suggestions. Also helpful are bar associations, legal directories, and internet reviews. Consult a few lawyers to pick one whose experience and approach match your requirements.

What Considerations Are Considered by Courts in Child Custody Cases?

The considerations the court will evaluate are the child’s best interests, the parent’s ability to maintain a stable family, the parent’s relationship with the child, and any history of domestic violence or substance abuse, among other things.

lawyer for child custody

Family Law Attorney in Upland, CA

Child custody is a challenging case to manage. But the people of California have a trusted lawyer for child custody: Stephen Gassner. The Law Office of Stephen Gassner has more than two decades of experience in the legal world and is committed to protecting your legal rights. 

The Law Office of Stephen Gassner also offers legal services on Divorce, Paternity, Child Support, Spousal Support, Property Division, and International matters. 

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