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Rancho Cucamonga Family Lawyer

Family matters can be tough to deal with on your own. If you hire a Rancho Cucamonga family law lawyer, we can work through these issues with you so you never have to feel alone.

No one hopes for problems with family. But these things do happen. For example, the nature of couples parting ways can be very stressful. If children are involved, they can often be another source of family stress that makes things even harder.

Divorcing or separating couples are likely to take issue with debt and property division. Custody and child support become major issues. There could be other family issues you’re dealing with. Violence in a family relationship or a grandparent’s visitation rights are possible issues.

One of the best ways to get through your family law troubles is to speak with an experienced Rancho Cucamonga family lawyer who understands what you’re going through.

We’ve worked with Rancho Cucamonga families going through legal struggles for over twenty-five years. We can help you get through this tough time by guiding you through the legal process with sensitivity and care.

Help with Child Custody and Visitation in Rancho Cucamonga

Probably the most difficult family law legal matters involve custody, visitation, and child support disagreements. It may seem like these issues are hard to resolve, but a family lawyer in Rancho Cucamonga can help you come up with a parenting plan and child support agreement that will work for you.

The first step to help resolve child custody and visitation disputes is to write up a detailed parenting plan. This will include the days and times each parent will be with the child. It also states who will make important decisions for the child’s welfare.

You can agree to joint custody (fifty-fifty split), with both parents sharing legal custody. Or you can work out a shared custody schedule that works for both parents. If one parent has more parenting time than the other, this parent is called the primary custodial parent. The other parent receives what is called visitation or parenting time.

If you’re unable to agree to a parenting plan, your lawyer can set up family mediation in Rancho Cucamonga. After mediation, if both parties come to an agreement, a judge will sign an order. If you still can’t agree, a family law judge will decide on a parenting plan.

How Is Child Support Figured in Family Law?

Child support is another area of dispute for separating or divorcing couples with children. One parent might feel they need more money to care for the child, and one may feel like they are paying too much. When parents in Rancho Cucamonga don’t agree on child support payments, the court is brought back into the mix.

The judge will calculate Rancho Cucamonga child support payments based on the following factors:

  • The earning potential of each parent, including disability and mental health concerns
  • Other income sources
  • The child’s expenses, including basic needs, health insurance, childcare costs, and activities
  • Whether one parent can’t work because he or she needs to take care of the kids
  • How much parenting time each parent has

Domestic Violence and Restraining Orders in Rancho Cucamonga

When one parent has been abusive, contact a family lawyer in Rancho Cucamonga to better understand your legal rights. In some cases, you can get a restraining order to protect yourself and kids. In many cases, the family law court can set up supervised visitation or deny visitation altogether.

If the violent parent has never been violent toward the children, the court may allow for visitation using safe drop-off locations, such as at school, so the parents don’t have to come into contact with one another. The type of visitation the violent partner gets all depends on each unique case.

Family Law Information Regarding Adoption and Guardianship

Adoption can be a difficult process. The help of a Rancho Cucamonga lawyer makes it easier. There are several different types of adoption:

  • Stepparent and Domestic Partner Adoption – This is a common type of adoption. It occurs when a stepparent or legally married domestic partner adopts the child of his or her spouse or partner.
  • Independent Adoption – This is when no agency is involved in the adoption. The birth parents and adopting parents agree to the adoption, and the birth parents don’t have to terminate their rights.
  • Agency Adoption – When a licensed adoption agency or California Social Services performs an adoption, it is called an agency adoption.
  • International Adoption – When a child born in another country is adopted and brought to the United States, it’s an international adoption.

Many adoptions aren’t clear-cut under family law. To protect your rights, you’ll want to have a Rancho Cucamonga child and family lawyer with you during the adoption process.

Guardianship is not the same as adoption. The parents’ rights are not severed. The guardian is appointed by the court in Rancho Cucamonga to care for a child until the parents are able to assume care. The parents can have visitation rights, and the court can keep an eye on guardians.

Grandparents’ Rights in Rancho Cucamonga

It’s good to understand what a grandparent’s rights are under California family law. Grandparents have the right to seek visitation with a grandchild but only under certain contexts. If the parents don’t want visitation, and the parents are married, then the grandparents will not be allowed visitation.

Grandparents can seek visitation under the following circumstances:

  • There was a pre-existing bond between the grandparent and grandchild, and keeping the bond would be best for the sake of the child.
  • The parents are married but are now living separately.
  • A parent’s whereabouts are unknown.
  • The child does not live with either of his or her parents.
  • A stepparent has adopted the child.

Rancho Cucamonga Family Law on Paternity Establishment

Family law also involves other concerns like paternity establishment, which can impact other parts of your family law case. You may need to prove a child’s biological ties to their father when filing for child support or seeking custody.

Establishing paternity also makes a child automatically eligible for benefits like health care coverage, inheritance, and social security benefits. There are three primary ways to establish paternity in Rancho Cucamonga:

  • Voluntary Declaration of Paternity – Both parents sign a form either in the presence of hospital personnel, in the registrar of births office, at a local child support agency, or at a welfare office. The form is then filed with the California Department of Child Support Services Paternity Opportunity Program.
  • Court-Ordered DNA Test – If one or both parents are not cooperative, the court may order a DNA test to establish paternity.
  • Presumed Parentage – When there’s no conflict on paternity, the court may use California’s presumed parentage laws to settle on a child’s father.

What Can a Family Lawyer Do for You?

Do you really need a family lawyer? Can you resolve all your issues successfully without consulting an attorney? It can be difficult unless you understand California’s family laws in detail.

Having a lawyer is not a legal requirement, but it will save you a lot of time and mental distress throughout your case. You’ll also have peace of mind knowing that your family matters are in safe, professional hands.

A family law attorney will review your case and determine the best strategy that works in your interests. They will also answer any questions you have throughout the process, as well as educate you on important aspects of your case.

An experienced family lawyer will also keep track of the various documents you need and their filing deadlines, so you can focus more on taking care of yourself during this challenging time. Should your case require litigation, an attorney will fight for your interests in the family court as well.

Mediation vs. Litigation in Rancho Cucamonga Family Law Cases

When you and your children are facing a complex legal situation, you may hope to avoid the courtroom completely. Unfortunately, it’s not always possible to do so. Luckily, your Rancho Cucamonga family lawyer can offer mediation or litigation services depending on the details of your case.

Mediation may be an option for cases where both parties are mostly in agreement. For example, you and your spouse may mainly need help with the paperwork for an amicable divorce. In these cases, mediation may work for your needs.

Not every divorce is so easy, however. For example, you and your spouse may be unable to agree on child custody or visitation rights. In these cases, you may need a litigator to fight for your rights in the courtroom and protect your rights.

How to Find a Good Rancho Cucamonga Family Lawyer

When it comes to matters involving the law and family members, you need a caring legal specialist to hold your hand and guide you through the entire process. The outcome of your case will largely depend on the lawyer you choose to partner with.

Here are a few things to do and look for when seeking out a family lawyer:

  • Family Law Specialist – The best option for a family lawyer has exclusively focused on and practices family law. It’s also crucial to find one who’s not only conversant with local state family laws but also local county laws, courts, judges, similar cases, and so on.
  • Past Performance – Does your candidate have experience handling other family law cases? How has your attorney performed in litigating cases similar to yours? The information you find out will be a great indicator of what your experience with them is likely to be.
  • Ask for Referrals – If you know anyone who has experienced similar family issues, consider asking for lawyer recommendations. Their word-of-mouth review is more likely honest and effective in connecting you with a reliable Rancho Cucamonga family attorney.
  • Do Background Research – Even with direct referrals, don’t forget to conduct deeper research on your candidate before hiring. Examine their resume, whether they practice in your area, and what past clients say about them online and offline.
  • Attend a Preliminary Consultation – Most family law firms offer an initial consultation to evaluate your case. This is your chance to determine if they’re the right fit. Observing interpersonal skills and asking questions like availability, responsiveness, and their strategy on your case can help you make the best choice. Ensure that the person you’re speaking with during this preliminary meeting is an experienced family lawyer.
  • Attorney Fee Structuring Even though a lawyer may not tell how much your entire case will cost, they must be able to commit to an hourly fee, estimated initial costs, or a deposit amount. Ensure you’re on the same page on things like the scope of services, payment arrangements, and non-attorney billings before signing an attorney fee agreement.

Call a Rancho Cucamonga Family Law Attorney

Family-related legal matters can be some of the biggest struggles in your life, especially because of the personal and touchy nature of family issues.

Not much can make this time easier for you—except for working with a caring lawyer who can help you to know your rights and will be there to support your interests. Speak with a Rancho Cucamonga family lawyer with the Law Office of Laurence J. Brock. Fill out the contact form below or call 909-466-7661 to speak with us.

Rancho Cucamonga Family Law FAQ

Family law legal matters can be a lot. If you speak with a family lawyer from our office, we can answer your questions. We want to help you understand some common family issues. We’ve answered a few of the most asked questions below.

What are the factors when calculating alimony?

The court takes a look at many factors when calculating alimony. It will examine the income of each party, along with other financial sources. If children are involved, the court will also look at who the custodial parent is, as well as whether one spouse gave up a career or education for the other, among other factors.

What’s a parenting plan in family law matters?

A parenting plan is a written plan stating parenting time and who will make key decisions for the child. The more specific the plan and the better both parties follow it, the more likely the kids will feel secure with what to expect from each parent after a separation or divorce in Rancho Cucamonga.

What’s the difference between legal and physical custody in California?

Legal custody is when a parent—or sometimes both parents—has the right to make decisions about the child, such as decisions about schooling and health. Physical custody is the amount of actual parenting time each parent has been given (for example, Monday through Thursday every week).

How much does a family lawyer cost in Rancho Cucamonga?

The cost of a family lawyer is not fixed and will depend on things like the type of family law case, a law firm’s pricing structure, case complexity, and whether you’ll go to court. Reviewing your case with an attorney is the only way to know how much the process will cost.

Can you agree on child visitation and custody arrangements outside court?

Yes, several methods are available to agree on family issues like custody and visitation plans without going to court. You and your partner can mutually agree or involve a mediator to do so. However, the final parenting plan has to be submitted to the family court and approved to become a court order.

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