May 19 2021

What You Need to Know about California Child Custody

One of the most difficult things about getting divorced is deciding who gets custody of a child. A custody battle takes a toll on both the parents and the children. If divorcing parents can’t agree on the details of custody, then the court gets to decide for them. Child custody is complicated. That’s why you need to know the legalese and basics of child custody so you know what’s going on when you’re in family court.
This article will discuss the basics of California child custody law, including a brief overview of the legalese involved. If you’re facing a divorce or separation, our family law attorneys can help ensure that you win your child custody case! Call our Upland child custody attorneys now!

CA Child Custody Basics

Sole Custody vs Joint Custody

As the terms suggest, sole custody means that only one of the parents gets awarded custody. Joint custody means that both parents will share custody. You’ll typically see terms like “custodial parent” and “noncustodial parent” when discussing sole custody.

These apply separately to physical custody and legal custody. For example, parents can share joint legal custody but one parent has sole physical custody. It’s also possible that one parent has sole legal custody but has joint physical custody with the other party.

Both parties are encouraged to share both physical and legal custody. California child custody laws presume that such an arrangement is in the child’s best interests.

Physical Custody

Physical custody is the parent’s right to have the child live with them. If a parent has sole physical custody, then that means the child primarily lives with one parent. When this happens, the court will also decide on visitation rights, which will be explained later on in this article.

Legal Custody

Legal custody refers to the right of a parent to make decisions regarding the child’s education, health, and welfare. If you have legal custody of your kids, you can decide things like:

whether a child should receive medical care;
whether a child will engage in religious activities; and
where a child will go to school

Usually, you’ll have to share legal custody with another parent unless:

The court decides that one parent is unfit to decide on these important matters;
The parents cannot decide anything together;
It would be in the child’s best interest for one party to have sole legal custody;

Child Visitation

If a court decides to award sole physical custody to one parent, they will also include the visitation schedule for the non-custodial parent to spend time with the kid.

A common visitation calendar can include splitting school vacations and holidays or alternating weekends overnight at the non-custodial parent’s place. The visitation schedule also includes the pick-up and drop-off locations for the child. The parents may work on the visitation schedule and have it approved by the court if it’s in the best interest of the child.

Supervised Parenting Time

If the court finds that the non-custodial parent has patterns of abuse, absence, or neglect, then the judge may order supervised parenting time instead of a visitation schedule. When this happens, the court assigns a visitation supervisor.

The supervised parenting time may include restrictions such as parenting time at a court-approved location, instead of the parent’s place.

If the case is extreme, then the court may decide that it’s not in the best interest of the kids to visit the parent at all.

Final Thoughts

Children are precious. We know how important it is for a parent to spend time with their child and make decisions about their future.

If you’re going through a divorce and want to ensure that you get to spend as much time with your child as possible, talk to us. Custody cases are best handled with a lawyer specializing in family law by your side. Our Upland child custody attorneys at the Law Offices of Marc Grossman can give you the best possible chance at winning your child custody case and get custody rights.Call us now to schedule a free consultation!

Nov 24 2015

Experienced Divorce Lawyers In Upland California

Law Offices of Marc Grossman

A Reputation of Trust and Respect

More than 100 years practicing family law, the Law Offices of Marc Grossman is one of the most experienced divorce lawyers in Upland, Ontario, Montclair, La Verne, Rancho Cucamonga and the surrounding areas of Southern California. Our caring and compassionate family law experts provide tough and effective representation in divorce or child custody cases. We know how to protect your rights and resolve your family law case quickly. We won’t let your divorce case drag on any longer than necessary which means lower overall all attorney’s fees and less emotional stress on you and your family.

”Call today to speak with one of our family law experts. We will answer all of your questions and explain how we can help 1-855-LOMG-911”

Why Our Experienced Divorce Lawyers are the Best Choice

The experienced divorce lawyers at the Law Offices of Marc Grossman are top rated family law attorneys who take each divorce or child custody case personally. We understand that family law cases are deeply personal and emotional. Family law cases can also be financially devastating as one household breaks into two. Attorney’s fees are a necessary part of a divorce to insure a fair outcome for everyone but these fees add to the stress of the situation. Our experience tells us that the key to recovering from a divorce both emotionally and financially is to achieve a fast, fair resolution. We leverage the strength of our law firm’s tough and effective reputation to push for a fast but fair settlement. Because your case won’t drag on any longer than necessary, you will spend less on attorney’s by hiring us over other smaller, less experienced law firms in Southern California.

Call today or use the contact form on this page to request a free consultation with one of our family law experts. 1-855-LOMG-911.

Sep 02 2015

Attorney Frees Victim of Gay Bashing Convicted of Murder

Attorney Marc Grossman Wins Freedom Of Convicted Murderer After 20 Years in Prison

After more than 20 years in prison and several failed attempts for parole, Attorney Marc Grossman of Upland, California was able free a victim of gay bashing convicted of murder in 1986. Despite many state and federal court decisions concluding that Robert Rosenkrantz’s constitutional rights of due process had been violated by California’s parole system by continuing to deny him parole after he had served more than the minimum length of his sentence, first Governor Grey Davis and then Governor Arnold Schwarzenegger had repeatedly denied Rosenkrantz the opportunity for parole until attorney Marc Grossman was able to secure his release.

Gay Bashing Precipitated the Murder

Rosenkrantz was just out of highschool and barely 18 years old in 1985. It was a different time, when being gay was not an accepted social norm and coming out could expose you to bullying and other forms victimization especially if you were a high school student. One night in June 1985, Rosenkrantz was with a male companion in his parents’ beach house, when his younger brother Joey and a friend, Steven Redman, a classmate of Rosenkrantz, arrived to spy on him. Redman had suspected that Rosenkrantz was gay and now Redman knew first hand. Redman kicked in the door of the beach house and yelled, “Get the fuck out of here you faggots,” and then struck Rosenkrantz with the flashlight, breaking his nose. Joey, was carrying a stun gun and burned his brother’s hand while attempting to use it on him. Rosenkrantz ran out to his car and retrieved a BB gun. He used it to try to pin down Redman and Joey to prevent them from leaving the beach house. Joey and Redman called Rosenkrantz’s father and, when he arrived, they told him that they had seen Rosenkrantz with another man engaged in a sex act.

Rosenkrantz insisted to his father he was not gay and that the two were mistaken, but his father, angry, threw him out of the house. Rosenkrantz was distraught after having been outed in such a callous manner. He spent a few days living in his car, where he became more and more upset with the recent events. At some point he acquired an Uzi machine gun after which he confronted Redman and demanded that he take back what he had said to Rosenkrantz’s father. Redman refused and continued to taunt and ridicule Rosenkrantz calling him “faggot” and making other disparaging remarks. The teen was so angered by Redman’s actions that he shot him and killed him.

The Court Case

Prosecutors first sought a first degree murder, but understandably, the jury demonstrated empathy for Rosenkrantz, obviously recognizing that the teen was a victim of gay bashing. The result was that Rosenkrantz was convicted of second degree murder and sentenced to 15 years to life, plus two years for using a firearm.

Time in Prison

Rosenkrantz proved to be a model prisoner, compiling a perfect record, and earning two college degrees and a number of vocational certificates. He also completed every available therapy and counseling program and received stellar recommendations from prison officials in support of his applications for parole once he had served his minimum time.

Yet each time he attempted to be released on parole, he was ultimately rejected buy two different governors. Rosenkrantz’s parole appeals became notorious in the California gay community, where many people came to understand the nature of the provocation and strain under which Rosenkrantz was operating at the young age of 18.

After a long and difficult battle, the state and federal courts both decided that by continuing to deny parole based entirely on the nature of the offense was depriving Rosenkrantz of his right to due process of law. The governing statutes provided that a convict who has served the minimum time required under his sentence is entitled to release if his rehabilitation results in him no longer being a danger to the community. No one in the prison system presented a single piece of evidence that indicated Rosenkrantz posed an ongoing threat to the public. In fact, Rosenkrantz’s own efforts to become college educated and to learn new trades demonstrated his ability to be a productive member of society and worthy of being released from prison. The court saw that Rosenkrantz had accepted responsibility for what he had done, understood and acknowledged that it was wrong, and transformed himself to become a useful, non-threatening member of society and, therefore, should be released on parole.

This lead to the federal court and the California Supreme Court ordering Rosenkrantz to be released. Less than a week after the courts ruled in Rosenkrantz’s favor, he was released on parole to his parents who had long ago come to accept that their son was gay. Upon his release he started a career in information technology.

There video related to this post is excerpted from a KCAL 9 interview with Criminal Defense Attorney shortly after the release of Rosenkrantz. Today being homosexual, gay, lesbian, bi or transgender is widely accepted. While the actions that Rosenkrantz took as a result of having been a victim of gay bashing were wrong, one must recognize that had the same events occurred today, the outcome would likely have been much different.

Attorney Marc Grossman is a supporter of gay rights and has represented many gay, lesbian and transgender people in actions to protect their rights, to assist them in divorces and to represent them in their unique criminal situation.

If you have been a victim of gay bashing or if you have been harassed by the police or government official because you are gay, lesbian or transgender the Law Offices of Marc Grossman can help. If you are contemplating divorce, the Law Offices of Marc Grossman is one of the few experts in same sex marriage and same sex divorce. We invite you to call us at 855-LOMG-911 or complete one of the many contact forms that you will find on our website, wefight4you.com. We are here to help.

Aug 30 2015

How is Child Support Determined

How California Child Support is Calculated

California family court judges primarily look at two factors when calculating child support:

1. Each parent’s income

2. Time spent by each parent with the child/children

However, many other factors that can affect child support amounts including: child care expenses, mortgages, taxes, and other bills and obligation that affect the family’s financial situation.

Judges have very little discretion in setting child support amounts, they must all follow the same guidelines when calculating child support. This formula is complicated and the only practical way to calculate it is but use of court approve software. You and your spouse are required to provide accurate information from which the ultimate monthly amount will be determined. This information is subject to the judge’s approval as it is common for parents to distort their income or debt situation to tip the scale in their favor. However, an attorney from the Law Offices of Marc Grossman will fight to insure the correct information is obtained to determine your child support amount. With our help, the court will see through the charade and order a fair and reasonable amount of child support.

Whatever child support is ordered, it will continue until the child is 18. However, thing happen in life like the loss of job, your spouse starting a new job and other situation where you or spouse’s financial situation has changed. If something like that occurs, you should ask the Law Offices of Marc Grossman to assist you in modifying or re-calculating the child support amount. This can be done at almost anytime but should be done immediately if you are the one ordered to pay child support and your income drops or you cannot afford to pay the child support due to some change in your financial situation. This is because the child support amount continues to accrue at the last ordered rate until it is modified.

Aug 30 2015

How To Workout A Reasonable Child Custody Arrangement

10 Rules to Workout a Reasonable Child Custody Arrangement

You and your can’t get along well enough to stay married so how are you supposed to workout a reasonable child custody arrangement. These 10 rules won’t solve all of your problems but they may help ease some of the tension and help you workout a child custody arrangement that you both can live with.

Rule #1: Both parties have equal rights to child custody.

Not so long ago in California and most other states, child custody was almost always given to the mother with dad only receiving visitation, usually every other weekend. Well, times have changed. In the first three quarters of the 20th century, dads had a relatively modest role in child rearing. The feminist movement of the 60’s and 70’s brought about a major shift in the traditional parenting roles. Women began to work more and more outside of the home and so dads had to step up and assume some of the roles that mom had handled. At first the Ward Cleavers’ of the world resented their new family job assignments but, soon Ward Cleaver (Leave It to Beaver) became Mike Brady (Brady Bunch) became Jason Seaver (Growing Pains), who became Philip Banks (Uncle Phil, Fresh Prince), until today where we have Cameron Tucker and Mitchell Pritchett (Modern Family). Most modern dads embrace being a dad and enjoy their parenting time and mom and dad both work full-time. As times change and social norms with it, the child custody laws and judges’ dispositions have changed as well. Modern child custody laws in California give mom and dad a equal footing (at least in theory). Mom is no longer presumed to be the custodial parent. Dad, if he is able and willing, has as much right to custody as mom. Today 20-30% of all divorce cases have end with a near equal amount of custody being vested in both parents. Those dads who do not end up with a even split of custody time, usually end up with nearly 40% custody. What does that mean? It means mom should not assume that because she gave birth to her child that she can dictate the terms of custody and dad should expect to have a significant role in the child’s life. Coming to terms with these realities will help you arrive at a reasonable child custody arrangement that works for everyone.

Rule #2: Hold your tongue

Competitors in sports often “talk smack” in an effort to gain a psychological advantage over their opponents. Unfortunately, the same is true with divorcing parents. Its over, the end of the relationship has come and emotions are high but if both parents can resolve to be civil, the issue of child custody will be easier to address. Remaining cordial will make the divorce proceeding as a whole will go more smoothly, it will cost you much less in attorney’s fees and it will make it easier on your kids by not having to live with the drama. Being civil and cordial is a decision that you can make. Let your attorney do the fighting; you keep a pleasant smile and tone to your voice. Even if your spouse is acting like someone from the Exorcist, if you do not respond in kind, eventually your spouse will run out of steam and start behaving more rationally. Now, the most important part of this rule: LEAVE YOUR KIDS OUT OF IT. They are unwilling participants in your competition so using them as your messenger or saying hateful things about your spouse to them is nothing short of cruel. It may make you feel like you are getting even with your spouse but what you are really doing is almost guaranteeing your child will have issues in their relationships in the future but, more about that later.

Rule #3: It all about your kids.

The decision to get a divorce may have been yours but child custody is about what is objectively best for your kids. Your kids need o have significant and meaningful, regular contact with their parents. You may feel as though the kids are better off with you and, under some circumstance that may be true. However, if your spouse is not abusive, does not take your kids to a drug deal and does not drink and drive with the kids strapped to the roof, they have a right to see the kids often and, moreover, the kids have a right to see both parents often. Let your ego and hatred for you spouse go and think objectively and rationally about what is best for your kids. If your kids are old enough to understand and if they are emotionally capable of handling it, you can ask them what they want to do. Maybe some days it will be, “I want to see daddy” and some days it maybe, “I want to see mommy” but whatever it is, try to listen to them and respect their wishes whenever possible.

Rule #4: Know your limits and respect the limits of your spouse.

Divorcing parents often want to fight for as much time as they can get despite the fact they do not have the ability to care for the kids during that time. How silly is it when one parent says, “I am available at that time, I can take care of the kids,” and the other parent fights for the same time slot even though it means that the kids will go to a babysitter instead of the other parent. If you known it is unlikely that you will be able to care for the kids during a particular time and your ex is willing and able to do it, do yourself a favor and let your spouse take care of the kids.

Rule #5: Don’t over step your custodial time

Kids have nearly an unlimited list of activities in which they can participate. Some, like school, are not optional but, others, like karate or the chess team, are not mandated activities. What activities your child should participate in and when is not your decision alone. Before you sign your kid up for little league, you must discuss it with your spouse and workout the details. You do not have the unilateral right to sign the kids up for activities that infringe on your spouse’s custody time of their ability to see the kids without first consulting with them.

Rule #6: You may not like them but that doesn’t mean they are a bad parent

So your ex can’t remember to put the seat down or they can’t resist a shoe sale even if it makes them late for an important meeting, that does not make them a bad parent. The kids may come home from dad’s with a dirty face or mom may forget to send back the new jacket that you bought for them to wear but that does not make them bad parents. If your kids are safe, have a place to sleep, plenty to eat and receive lots of love from your ex, that is all that will matter in 10 years. Don’t judge your ex or try to make them measure up to your standards. You are getting divorced for those reasons. Let your ex and your kids love each other in their own way.

Rule #7: Communicate don’t escalate

Come to terms with the fact that you must deal with your ex on one level or another until your kids are at least 18 years old and probably long after. Come up with a system so that the two of your will have minimal contact at first until emotions have cooled. Share a calendar on Google or some other online calendar that is strictly for the kids. Use Google Drive or DropBox to save and share important documents like birth certificates, vaccination records, insurance cards, notices of from school and sporting events and even report cards. When you share documents using one of these tools, it will email your spouse notifying them that something new has posted or changed. This will keep you both informed will minimizing the chance for conflict and misunderstandings. Many divorced couples continue to use a system like this for years because it is easy and convenient.

Rule #8: Don’t fight over stupid things

Parenting is tough when you live together but the level of difficulty goes way up when the kids are with dad sometimes and mom others. It would be great if both parents had the same style and household rules but the reality is, that rarely happens. This gives rise to many conflicts but the vast majority of those conflicts are rooted in something completely unimportant. Take a breath and a step back and ask yourself if what you are upset about is going to matter in 10 years. If the answer is “no” then take two chill pills and let it go. Scream into your pillow or take up kickboxing to relieve the pent up hostility but to direct it at your spouse when the object of your vexation is of equal importance to squeezing the toothpaste from the bottom or if the toilet paper feed over or under the roll.

Rule #9: Listen to your kids when they are not talking.

We already talked about listening to your kids when they are talking about custody issues but it may be just as important to observe their behavior when they are not talking. They did not get a vote in your decision to get divorced and they will likely have very conflicted emotions over the it. When kids are under stress or dealing with the loss of their established family, kids may act out or become isolated. They may cry or act angry. These are all symptoms of emotional disturbances. It makes matters much worse if the kid feels like they are being made to choose. Start by seeking some counselling for them but also ask them if they would like to go see their other parent. It may help to relieve some stress if they know that they do not have to choose. Give them the emotional freedom to choose when they would like to see mom or dad. If it isn’t possible for them to see their other parent, a distant second to seeing them is to call or Skype with mom or dad.

Rule #10: Review and reassess your child custody agreement

As kids grow, things change. Different activities and obligations will dictate changes in your child custody arrangement. Use the above rules to work through adjustments in your custody agreement as needed. Be flexible and make your kid’s best interests the primary factor in every child custody agreement.