Special Needs Children Abused in Texas

Police have saved seven special needs children from horrific abuse in Richmond, Texas. The children were found locked inside of a room after being beaten and were unbathed and malnourished. The abuse and neglect these children suffered was so terrible that they have been hospitalized for their recovery. According to witnesses, they were kept in a boarded-up room on the second floor of a house and not allowed to go downstairs, outside, or even to school.

This case is a horrible example of child abuse, made even worse by the fact that all of these children have special needs and were not taken to a doctor for medical care. This was necessary care, and the children should have had their basic needs met, been attending school, and been regularly receiving professional healthcare—because the state was paying for all of this to happen.

Paula Sinclair, one of the arrested adults, was receiving $540 a month to care for each of these children and had been doing so for years, but that money clearly never made it to the children. Child Protective Services now has custody of the children, who are recovering in the hospital, and Sinclair and her partner, Allen Richardson, have been arrested.

Guardianship Issues

This child abuse case is horrendous, but it is unfortunately not an isolated incident. Children across the country are abused on a daily basis, sometimes by their own family. If you are in a situation where one of your loved ones, a neighbor, or your child’s friend is being abused, you have a duty to report it.

Child Protective Services (CPS) can investigate alongside local authorities to ensure that the children are safe. If they are not, they will be removed from the home and placed in the custody of CPS. At this time, you may want to petition the court for guardianship.

Applying for Child Guardianship in California

In California, there are specific forms that must be completed and filed with the court in order for you to have a guardianship hearing. Additionally, all legal parents must be served with this paperwork.

The parents will have the opportunity to object to you becoming the child’s legal guardian, so it helps to have a family attorney on your side who can make a strong case for why this change is within the best interests of the child. If the child has special needs, your case will be more complex and may require additional paperwork, information, and other evidence.

Prior to the court granting you guardianship, they will also conduct a screening and carefully examine your record. This step is in place to prevent things like child abuse from taking place. If you have been convicted of a crime in the past, however minor, this is something we should discuss prior to your hearing.

California has produced a pamphlet that will give you additional information on the process and what it takes to become a guardian. Since each case is unique, you are still best served by speaking with an attorney.

Rancho Cucamonga Family Law Attorney

Whether due to divorce or child abuse, child custody issues are difficult matters to resolve. If you need help with a guardianship issue, the Law Office of Laurence J. Brock can help you bring your case to a conclusion that serves the children’s best interests. To arrange a time to meet for a free consultation, give us a call at 909-466-7661 or contact us through the form below.

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What Happens to the Family Business During a Divorce?

Dividing assets is almost always challenging in a divorce, but nothing is more difficult to divide than the family business. This is because a family business can provide daily income in addition to being a long-term asset.

Taking this income away from either party is comparable to getting fired from work just because a divorce happened. This creates a situation in which both spouses could suffer dramatic financial consequences, so the court has to look for equitable ways to divide the family business.

 

Let’s Talk About Value

All businesses have a value. This value is what the business would be worth if it were to be sold on the open market. There are several different ways to value a business. One is based on cash flow and profitability, while the other is based on the value of hard assets such as real estate or equipment. Typically, a certified public accountant or professional appraiser will value the business so that a judge can know its true value during the divorce trial.

Once a value has been established, the judge will need to know who has ownership of the business so that a value can be assigned to each person’s portion of ownership. In many family businesses, people other than the divorcing couple may have ownership stakes, so all relevant information must be disclosed.

 

One Spouse Can Buy Out the Other

In some cases, one party may want to buy out the other so that he or she can take over ownership and operation of the business. This is possible once the value has been established. Any debt that that party takes on in order to complete the buyout will be his or her sole responsibility.

If a buyout cannot be completed in one lump sum, it is possible to reach an agreement where payments are made on a monthly, quarterly, or annual basis. This can serve as residual income while the spouse leaving the business looks for work or other ways to replace the lost income with a new business venture.

 

Monthly Income

In other circumstances, neither party is willing to relinquish his or her ownership of the business. In this case, an agreement will need to be drafted that states how the divorce will impact each person financially:

• What will each person’s salary be?
• What role will each person play in the business?
• Will the ownership levels remain the same or do certain adjustments need to be made?
• What happens to the board and the voting rights of each party?
• Who will settle disputes that could impact daily operations if both parties cannot agree?

These are complex issues that are often sorted out with the help of an experienced family lawyer and a business attorney working in tandem. Interpersonal conflict can destroy a business, so it is critical that every issue be ironed out to ensure that the business remains viable.

If a divorce is particularly contentious, continuing to do business together may not be within either of your best interests.

 

Rancho Cucamonga Business Valuation Lawyer

If you are going through a divorce where the fate of your family business is at stake, you need the assistance of a divorce lawyer with experience in these matters. At the Law Office of Laurence J. Brock, we can help you determine what the value of your business is and what your options are for handling it during the divorce and beyond.

Give us a call to discuss your case in detail with no charge or obligation to proceed. Our number is 909-466-7661. You can also reach us online through the contact form below.

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Move-Away Cases Are the Most Complex Child Custody Disputes

Move-away, or relocation, cases are easily some of the most difficult child custody cases to resolve. If you are getting divorced and are staying in the same general vicinity, arriving at a custody agreement is far easier.

However, as soon as one or both of you decides to move out of the area, the case turns into a move-away battle. It’s a battle because typically one parent will be opposed to the other’s relocating since it can negatively impact time spent with the children.

The intensity and complexity of these cases make it important to work with an experienced family lawyer. At the Law Office of Laurence J. Brock, we represent clients who want to move and take their children with them, as well as those looking to keep them here when their ex moves.

An important factor to consider in these cases is that your current custody arrangement and parenting plan have a direct impact on what the outcome will be.

 

Sole Physical Custody

A parent that is awarded sole physical custody of a child is likely to be granted the right to relocate. This is because the parent already has decision-making authority for most areas of the child’s life and is the sole person responsible for providing the child’s care.

In this case, it is up to the other parent to prove that the move could harm the child somehow.

The burden of proof is on the parent that does not have custody but does not want the child to move. Evidence must be gathered demonstrating that a move would be detrimental to the child either physically, emotionally, or mentally. This information then needs to be presented to a judge so that a final ruling can be made.

 

Joint Physical Custody

If both parents have joint physical custody, the burden of proof shifts to the parent that wants to move. In this case, the relocating parent must prove that the move is within the best interests of the child.

This approach is entirely different. It can be equally difficult to prove, however, since the evidence must demonstrate how a move could significantly improve a child’s quality of life. Some examples of potentially persuasive evidence are described below:

• Higher Paying Job – With more income available to the family, better and more opportunities will become available to the child, along with a more stable environment.
• Superior Educational Opportunities – If the move is being prompted by a child’s ability to attend a special private school or go to public schools that are rated higher, it will be possible to demonstrate how this could be beneficial to the child’s future wellbeing.
• Increased Access to Medical Care – Moving to an area with better medical care may be important if a child is in poor health or in need of special services.
• Closer Proximity to Family – If a divorcing couple moved to a new state during the marriage, moving could result in reuniting with family for additional financial and emotional support.

 

Help from a Rancho Cucamonga Child Custody Attorney

In a move-away situation, both parents need to be represented by an attorney. These cases are complicated and require significant preparation and time.

If you currently find yourself on either side of one of these disputes, give the Law Office of Laurence J. Brock a call at 909-466-7661. You can also reach us through the contact form below, and someone from our office will contact you at your leisure to schedule a free, no-obligation consultation.

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Domestic Violence: What Can Be Learned from Giants Kicker Josh Brown

Unfortunately, domestic violence is a widespread problem throughout America. Depending on which report you read, one in four women will be a victim of domestic violence at some point in her lifetime. Abuse is widespread, and when you incorporate mental and emotional abuse, the numbers are even higher.

At the Law Office of Laurence J. Brock, we fight to gather evidence and prove domestic violence whenever victims come to us for help. It’s unfortunate, but domestic violence and abuse can be difficult to prove in court.

Since this crime is typically committed behind closed doors, there are often no witnesses to corroborate a victim’s story. Without police reports and photographic evidence, victims are often abused repeatedly for long periods of time without being able to prove what’s happening. If a third party witnesses emotional, mental, or physical abuse, it becomes far easier to prove.

However, a recent news story demonstrates that there are other ways to prove domestic violence.

 

The Case of New York Giants Kicker Josh Brown

The NFL has been under fire the past several years for not taking action against players accused of domestic violence. Recently, evidence came to light proving that New York Giants kicker Josh Brown had abused his ex-wife Molly.

Molly Brown provided police in King County, Washington, with written evidence of the abuse she had suffered through. According to Molly, there was a pattern of abuse, and Brown had abused her at least twenty times prior to their divorce. Apparently, Brown admitted to this in his journal saying, “I have abused my wife.”

 

A Confession in Writing

Additional journal entries written by Brown demonstrate the dark side of an abuser. He made statements admitting that he had “physically, mentally, emotionally, and verbally been a repulsive man.” In a separate email, Brown said that he had “objectified women and never really worried about the pain and hurt I caused them.”

Another of his entries stated, “Because I never handled these underlying issues, I became an abuser and hurt Molly physically, emotionally and verbally. I viewed myself as God, basically, and she was my slave.”

 

Many Possibilities for Evidence

While this case is certainly unique in the sense that Brown is a famous football player, it is no different from any other domestic violence case in the end. Society will often choose to ignore signs that abuse is taking place, which means that you can’t always count on the testimony of others to support your claims.

Instead, other forms of evidence, such as a journal kept by the abuser, can be used to prove the abuse that you are being forced to live through. Photographs of your injuries and recordings can also be excellent sources of evidence.

 

Help from a Rancho Cucamonga Family Lawyer

If you are being abused, know that you are not alone and that there is a way out. Filing for divorce can help you start your life afresh.

If you aren’t sure how to prove the domestic abuse you are experiencing, a family lawyer from the Law Office of Laurence J. Brock can help you develop a case to prove what you are going through and help you obtain a restraining order to ensure your safety.

To get started, arrange a time to meet for a free consultation by entering the form at the bottom of this page or by calling us at 909-466-7661.

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Pitt-Jolie Had a Prenuptial Agreement: Why You Should Consider the Same

As most have probably heard by now, actors Brad Pitt and Angelina Jolie have filed for divorce. This Hollywood couple epitomized not only Hollywood glamour, but also something virtually extinct in Hollywood: a big family. Pictures of the couple globetrotting with their children have appeared in popular magazines and online since they first got together in 2004.

Since that time, their family has grown to include six children, and their pending divorce likely means that a long, drawn-out custody battle is ahead. Unfortunately for the two celebrities, all of this will be on full display and take place in the public eye.

 

What They Did Right

While their relationship began in 2004, Pitt and Jolie only decided to marry just two years ago. Prior to the marriage, they signed a prenuptial agreement drafted by their attorneys to make a potential divorce go smoother.

Combined, they have a significant net worth of around $400 million. Without a prenuptial agreement, every penny would need to be fought over. Thanks to their prenup, however, dividing their finances will be much easier.

The former couple also owns twelve properties together. In a divorce, dividing large assets such as homes and vacation properties can often be incredibly challenging. It is normal for both parties to have emotional and financial attachments to such large assets, which can make for a contentious fight.

In this case, every asset was listed in their prenuptial agreement. This will make dividing ownership of their twelve homes a matter of paperwork rather than a point to argue in court. Anyone getting married would be wise to at least consider following the celebrity couple’s example and have a family lawyer draft their own prenuptial agreement.

 

The Benefits of a Prenuptial Agreement

You don’t have to be Brad Pitt or Angelina Jolie to benefit from having a prenuptial agreement in place. While most couples do not like to think about the possibility of a future divorce, failing to do so can lead to intense heartache and struggle should the marriage dissolve. With around 50 percent of marriages ending in divorce, this is something that every couple should seriously consider.

If you have assets going into the marriage or one of you earns significantly more than the other, a prenuptial agreement becomes even more important. This is an agreement that lists items such as who owned what prior to the marriage. Identifying separate property makes it possible to take complete ownership of that property after a divorce. This is precisely what happened with Brad Pitt and Angelina Jolie, as they both owned significant properties and assets going into the marriage.

 

Other Considerations

A prenuptial agreement can also include provisions that detail issues like spousal support. For example, a clause may be included that indicates what a non-working spouse would receive should the marriage dissolve. Whether as a lump sum or as monthly payments, with this amount agreed to prior to the marriage, it becomes difficult for it to be contested during a divorce later.

The ultimate benefit of having a prenuptial agreement is that it makes the divorce process go much smoother, easier, and faster. Getting divorced is a traumatic event regardless of whether you’re famous or not. The easier you can make it, the faster you can recover and move on with your life.

 

Consult with a Rancho Cucamonga Divorce Lawyer

If you are about to get married or know someone who is, the Law Office of Laurence J. Brock can help you draft a prenuptial agreement that will protect your interests should a divorce become necessary later. While it’s not pleasant to consider the possibility, protecting yourself against the worst-case scenario is the smart thing to do.

To get started with your free consultation, just give us a call at 909-466-7661 or reach us online by completing the contact form on this page.

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Depp-Heard Split Raises Discussions on Domestic Violence and Divorce

As seen in the news, actress Amber Heard recently divorced from actor Johnny Depp. The dissolution of the marriage and the lead-up to it received a great deal of media attention—in no small part due to the allegations of domestic violence.

While Ms. Heard publicly claimed to have suffered physical abuse at the hands of Mr. Depp, it’s impossible for us to say what really happened in their case. However, the story has brought national attention to the wider issue of domestic violence and its effects on divorce.

 

Temporary Restraining Order

If you are ever in a situation where your spouse is verbally, emotionally, physically, or sexually abusing you, you can file a temporary restraining order that prevents him or her from coming within a certain distance of you. Allegations of domestic abuse are a very serious charge, so you will need to have evidence to prove your allegations in order for the temporary restraining order to become a permanent one.

 

Domestic Violence in a Marriage

Domestic violence is by far one of the most potent reasons to end a marriage, but it can sometimes be difficult to prove. A spouse can seem loving and doting in public but be abusive within the walls of your home. Any hitting, verbal abuse, emotional battery, or forced intercourse falls into the category of domestic abuse and must be presented to the court immediately for your protection.

As a divorce law firm, we take the safety of our clients very seriously. If there is any occurrence of domestic violence, you must let us know immediately so that we can move to obtain court-ordered protection for you at once.

 

Filing a Report

If you have been the victim of domestic violence and want to proceed with a divorce, it is critical that you speak with the police and a healthcare provider about what you have experienced.

Perpetrators of domestic violence will often show remorse afterward and try to emotionally blackmail the victim into silence. Unfortunately, too many divorce attorneys have seen this tactic work time and time again. A domestic abuser is highly unlikely to change his or her behavior. In order to protect you and your children, it is important to speak with the authorities and document the abuse.

 

Collect Evidence

After suffering domestic abuse, you need to collect and document evidence, such as by taking photographs or maintaining a journal. Any way that you are able to document the abuse will provide evidence that we can present to a judge.

If you suffered domestic violence, take pictures of your injuries. With verbal abuse, it’s possible that your neighbors may be able to testify on your behalf. If the abuse took place in public, then more options for evidence become available.

 

Don’t Suffer in Silence

If you have been the victim of domestic violence, there is help available. The first step is to speak with a family law attorney who can advise you of your legal rights and take steps to protect you. If you are in immediate danger, however, we always recommend that you call the police right away.

For more information with how to safely proceed with your divorce case, please call the Law Office of Laurence J. Brock at 909-466-7661 or schedule your free consultation using the form below.

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Top Five Ways a Divorce Lawyer Can Help You

When divorcing, you hire a divorce attorney to do the things you are unable to do. The first and most important duty an attorney has is to help you navigate the often complex family law court system. Hiring a divorce attorney provides you with the best opportunity to successfully proceed with your case, giving you a much better chance for a positive outcome.

Detailed below are the top five ways a divorce attorney can help you:

 

1. Anticipation of Legal Issues

Divorce attorneys think about and investigate any potential complications that may arise during a divorce trial. We will be looking for any unexpected legal issues that may become a challenge. Every case is different, so during your initial appointments, we will go over some of the things that you should anticipate and ensure that you are well prepared for what’s ahead.

 

2. Negotiate with the Other Divorce Attorney

One of the scariest prospects for many people is the idea of dealing with their former spouse’s attorney. If your ex has retained a divorce attorney, you are going to want your own to ensure you’re on even footing. With our help, it won’t be necessary for you to interact with the opposing legal counsel directly.

Also, hiring your own attorney means that you will have help preparing for your depositions and any conversations where the other attorney will be present. In addition, part of our job is to negotiate and deal with your former spouse’s legal team, thereby providing you with an emotional shield and proxy.

 

3. Locating Hard-to-Find Assets

In many divorce cases, separating the former couple’s assets can be an extremely complicated task. A divorce attorney can help find assets that your former spouse may wish to conceal. Some people will hide assets to make it appear as though they are nearly penniless, but our investigators can often find assets that have been hidden or disguised. We will use the tools of discovery to legally require a report of all income and assets.

 

4. Child Custody and Visitation Rights

If you have kids, one of the most frightening aspects of divorce is the question of how your relationship with them will be affected. Retaining access to your children is of paramount importance, and a divorce attorney can make certain that you’re able to receive the best custody or visitation arrangement possible for your case.

 

5. Child Support and Alimony

If you are seeking child support or alimony, it is important to understand how the process works and what you may receive. If you are likely to be the one paying child support, you need an attorney on your side. We will ascertain all of the facts, account for you and your spouse’s incomes, the amount of time the children are with each of you, and then make a proposal that is in keeping with the laws and regulations.

 

Get Help from an Experienced Divorce Lawyer

Making the decision to hire a divorce lawyer can be one of the most important decisions you ever make. While the topics mentioned above are likely to be some of the most pressing that you will encounter, there are many more aspects to a divorce that must be accounted for in order to achieve a successful outcome.

For more information and to get your questions answered, schedule a free consultation with the Law Office of Laurence J. Brock. Please call 909-466-7661 to speak with us immediately or complete the form below to have someone from our office contact you at your convenience.

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You Might Not Actually Be Separated…

If you are legally separated from your spouse but are not living in different residences, then according to the Supreme Court of California, you should think again… because it turns out that you aren’t actually legally separated. This is a fairly recent ruling that should serve as a warning to anyone who is currently going through the divorce process.

The case involving the legal separation of Sheryl and Keith Davis was heard by the California Supreme Court after a lower court had ruled in favor of Sheryl Davis’ claim that they became separated when she notified her husband in 2006 that their marriage was over. However, the two continued to live in the same house until 2011, which was the time that Keith Davis claimed they technically separated.

 

A Court Ruling with a Big Impact

Between 2006 and 2011, the couple lived under the same roof, both caring for their children. They didn’t act like romantic partners but instead behaved more like roommates, even taking the children on separate vacations.

However, the court’s ruling makes it clear that the court is not in the business of determining what a “marriage” is supposed to look like. While some may consider the Davises’ behavior to be strange for a married couple, others may find it to be perfectly natural. Everyone has their own definition of what a healthy relationship is supposed to look like, as was clearly demonstrated by this couple’s individual takes on whether they were separated.

With the court’s ruling that a couple needs to be living apart separately in order to be legally separated, the court has effectively eliminated the need for judges to make these types of interpretations. Instead, if you want to be legally separated, one of you needs to move out of the house.

 

Why the Ruling Matters

When you get divorced, issues like spousal support and community property are decided. Any property that you acquired during the marriage, including homes, cars, assets, investments, and so on, is all community property that is likely to be divided fifty-fifty. The same is true for earnings from your job. However, once you separate, anything you buy or earn is yours exclusively. With that in mind, the legal separation date becomes incredibly important.

It’s also important to keep in mind that the amount of spousal support is determined, in part, by how long you have been married. If you become separated, remain living together, and then divorce five years later, the court will now view the time you were separated as part of the marriage. This time difference may entitle one spouse to more financial support.

 

Discuss Your Case with a California Divorce Lawyer

If you weren’t already aware of this ruling, you may need to make some immediate changes to your living situation if you are separated from your spouse but still living together. Anything that you have purchased or earned during this time—thinking it was your individual property—could be up for grabs in the eventual divorce. This makes it important to work with an experienced Rancho Cucamonga divorce lawyer.

To find out how this recent ruling could impact your marital situation or to discuss what to do next, call 909-466-7661 to schedule a free consultation with the Law Office of Laurence J. Brock. You can also reach us by completing the contact form below, and someone from our office will contact you to arrange a meeting.

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Find Out if Your Prenuptial Agreement Is Enforceable

If you are getting a divorce and entered into a prenuptial agreement prior to getting married, you may be concerned that you will not get a large enough settlement. While this may be true, there is a possibility that your prenuptial agreement may be invalid.

California lawmakers passed the California Premarital Agreement Act to regulate prenuptial agreements for married couples in the state. If you drafted the agreement yourself, used a template online, or worked with an attorney unfamiliar with this law, the agreement, or portions of it, may not be enforceable. If so, this will place you in a better bargaining position.

 

Is Your Prenuptial Agreement Enforceable?

For any prenuptial agreement to be valid, it must meet the criteria established under the California Premarital Agreement Act and the updates to the law that were passed in 2002. This means that it must meet all of the following criteria:

• Be Voluntarily Entered Into – The agreement has to be signed without anyone being forced, under duress, or not having the mental capacity to understand what he or she is doing.
• Be Understandable to Both Parties – If one spouse doesn’t speak English very well, it must be translated into his or her native language prior to being signed.
• Full Disclosure Must Be Given – If one party holds back financial information or anything relevant to the agreement, it could be voided. An example would be finding out that your spouse had investments or property holdings you were unaware of.
• Legal Counsel Must Be Available or Waived – In California, both parties have the right to independent counsel. A waiver must be signed if someone doesn’t want an attorney. If you never had a lawyer or opportunity to retain one, the agreement won’t be enforceable.
• No Fraud Can Exist – If something was purposefully hidden or fraud contributed to the signing of the agreement, it would be invalid.
• Cannot Be Unconscionable – One-sided agreements may be construed as unconscionable, so if you think the agreement is unfair, the court may as well.
• Cannot Violate Public Policy – Your prenuptial agreement cannot violate state or federal law.

If you think that your prenuptial agreement does not meet these criteria, schedule a consultation with our office to go over your agreement in detail.

 

The Seven-Day Rule

Did you know that both parties have to wait seven days after receiving a prenuptial agreement to sign it? If either of you didn’t wait long enough, the agreement may not be valid.

 

Spousal Support Clauses Must Be Fair

Even if your agreement is enforceable holistically, any spousal support clauses must pass the fairness test. If a judge feels these clauses will not be fair when the contract is enforced, these provisions will be left out.

Keep in mind that it could have been fair when the agreement was signed, but if that was twenty years ago, the economy and cost of living have changed drastically, so any spousal support provisions will need to be updated accordingly.

 

What a Prenuptial Agreement Can’t Do

There are certain things that cannot be determined by a prenuptial agreement:

• Child support and custody
• Your share of an ERISA-governed employee benefit plan
• Penalize one spouse for fault

Prenuptial agreements trying to regulate child custody should be reviewed and can be fought in court.

 

You Have Options

If you feel that your prenuptial agreement is unfair or that you are not getting the divorce settlement you rightfully deserve, you should call the Law Office of Laurence J. Brock at 909-466-7661 or complete the form below.

We can review your agreement and let you know if it meets state law requirements while identifying any provisions that don’t. It may be possible for you to increase your divorce settlement by going to court and challenging it.

 

Share with Your Friends

If you know someone who is going through a divorce, share this post with them. You may prevent them from accepting the status quo and a settlement that is simply unfair.

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Can I Adopt My Stepchild?

Some stepparents get a bad rap. The fairy tales and modern day social media descriptions often portray them in a negative light. And then there are the stepparents who go the extra mile. Some of them offer more parental support than, at least, one of the natural parents. One of the most significant things a stepparent can do in these conditions is to adopt the child that they love and treat them as their own. In some situations, it’s easy enough to do but in others, the absent parent may make the process more difficult than it has to be, even if their intentions have nothing to do with caring for the child.

Parental Agreement and Different Circumstances

By far the least stressful method of adopting a stepchild is to get the absent parent to agree to the adoption. If the stepparent has been with the birth parent in a marriage since the child was born, the process is even more streamlined. However, some situations involve parents who don’t want to sign off their rights or simply can’t be found. In such situations, adopting your stepchild might become more complicated but it is not impossible.

If a parent doesn’t sign off, it may be up to the birth parent and stepparent to prove why the adoption would be in the best interest of the child. If the parent can’t be found, it’s up to the stepparent and birth parent to seek them out. Even if their location is unknown, you have to prove that you made every effort possible to find the absent parent.

If the absent parent’s name is unknown, every effort has to be made to find out who the parent is and locate them in order to obtain permission for the adoption. As you can see, this process can become detailed and difficult, and requires the assistance of a legal team familiar with stepparent adoptions. Your individual circumstances can determine how complex a stepparent adoption might become. For instance, if divorce is also part of the adoption, you will need an experienced lawyer to make sure all areas are covered. You can click here for more information on divorce and family law. http://ift.tt/1SyiBMl

Interviews and Assessments

When a stepparent wants to adopt a child, they may have to go through interviews and assessments. If they have been with the child’s parent since before the child was born, they may be eligible to skip this process. Otherwise, the state of California will investigate the individual to make sure that they are a good candidate for adoption.

Being married before the birth of the child is significant and can speed the process up substantially. However, it’s also important to be married during the adoption procedure. Being divorced doesn’t automatically mean you won’t be able to adopt your stepchild, but it does mean that you will have to go through the investigative process.

The Best Interest of the Child Comes First

As admirable as it is to be a stepparent who wants to adopt a child as their own, the courts still need to ensure that this is in the best interest of the child. Once the child is adopted, the absent birth parent loses all rights to the child, even if you still allow them visitation. They also give up responsibilities for the child, so the court wants to make sure that the stepparent can take on those responsibilities. Again, these are just some of the reasons that that the family lawyers at Brock Law can be helpful during the adoption process. Click here to learn more about family law and stepparent adoption in California. http://ift.tt/1SyiznE

Related Links:

Rancho Cucamonga Divorce and Family Law Attorney

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Family Law Lawyer Rancho Cucamonga

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San Bernardino Establishment of Paternity Lawyer

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Am I Entitled to Grandparent Visitation in California?

You would think that with so many changes in family dynamics in the past few decades that every state would have some sort of rights for grandparents when it comes to visitation. However, not all states are as progressive as California. In California, the Family Code doesn’t just leave room for grandparents to seek visitation rights, but for others to do so as well. There are exceptions and limitations, but at least grandparents have some sort of recourse when it comes to being able to see their grandchildren even after a breakup or divorce. Click here to read more about divorce and family law in California. http://ift.tt/1SyiBMl

Marital Issues and Grandparent’s Rights

One unusual feature of grandparent’s rights in California is the role that marriage plays. Only under certain circumstances can grandparents file for visitation rights if the parents of their grandchild are still married. Presumably this is because the court may assume that if the grandparent doesn’t have visitation and the parents are still married, the parents themselves might think that visitation is a bad idea. Even so, grandparents who fall in line with some of the details below may be able to visit their grandchildren after filing a petition with the court. Our lawyers can help grandparents determine the best way to do this. Grandparents may be entitled to visitation in some of the following instances:

• Parents of the child are married, but don’t live in the same household.
• The location of one or both of the parents is unknown.
• One of the parents has joined the petition with the grandparent.
• The grandchild lives with someone other than his or her parents.
• A stepparent has adopted the child.

Established Relationships with Grandparents

Some grandparents simply don’t have a relationship with their children. As sad as that is, the parents may have a good reason for not wanting the grandparent involved, even if it has nothing to do with the grandparent personally. The California courts will not approve a petition for visitation with a grandparent unless that grandparent has a previously established relationship with the child. This is for the protection of the child. Having someone they only know as a stranger entering their life may not be in the best interest of the child, even if the grandparent is a wonderful person. There may be things going on in the child’s life that would make that situation too complicated for them. There might also be other unknown factors to consider. Click here for more information on family law. http://ift.tt/1SyiznE

Petitioning the Court for Visitation

If a grandparent does have a relationship with the child and has lost the ability to see the child, our family law attorneys can help with a petition that the court may or may not approve. The decision is up to the discretion of the judge rather than the parent. However, even after a petition is approved and turned into a court order, either parent may request that the court ends the visitation. If this happens, the court may comply with the parent’s request.

Because there are so many details involved with petitioning the court for the right of a grandparent to see his or her grandchild, contacting us to assist in the process is a wise choice. At Brock Law, we can make sure all of the conditions are met and that the petition is filed properly and in a timely manner.

Related Links:

Rancho Cucamonga Divorce and Family Law Attorney

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Family Law Lawyer Rancho Cucamonga

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Rancho Cucamonga Divorce Lawyer Child Visitation

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The post Am I Entitled to Grandparent Visitation in California? appeared first on The Law Office of Laurence J. Brock.