California Family Law Blog

San Diego Family Law Attorney explains what you cannot do with a prenuptial agreement.

If you're trying to decide whether or not to make a prenuptial agreement, you'll need to understand what this type of contract can -- and can't -- do for you. Here are some things you cannot do – or should not – do with a prenuptial agreement. . As a general rule, any agreement to do something that is illegal or against state-defined public policy will be considered unenforceable -- and may even jeopardize other valid aspects of the premarital agreement.

Here are some things that you cannot do, or should not do in a prenuptial agreement:

Restrict child support, custody, or visitation rights. No state will honor prenuptial agreements limiting or giving up future child support. The same holds true of agreements limiting future custody and visitation rights. This is because state lawmakers consider the welfare of children to be a matter of public policy and do not enforce any private agreements that would impair a child's right to be supported or to have a relationship with a parent in the future.

Give up the right to alimony, in a few states. A handful of states similarly limit your ability to give up your right to alimony -- also called spousal support or separate maintenance -- if there is a divorce. Other states permit such waivers, so you will need to know what your state laws say if you are considering this kind of agreement.

"Encourage" divorce. At one time, many courts viewed any prenuptial agreement specifying how things would be divided up in case the couple splits as void and unenforceable because it promoted divorce. The modern approach allows such agreements, but judges in some states still take a hard look at them. If the agreement appears to offer a financial incentive for divorce to one party, it may be set aside.

Make rules about nonfinancial matters. For practical reasons, you should keep personal agreements out of your prenup. Here is a partial list of nonfinancial matters that sometimes find their way into prenups, but are better dealt with separately. Of course, the possible issues are endless and you may well think of many that aren't mentioned here:

• responsibility for household chores -- from laundry to cleaning to car care
• use of last names after you marry
• agreements about having and raising children, such as birth control, having children, children's names, child care responsibilities, and education
• how you will relate to in-laws or stepchildren, and
• whether you will have any pets and who will be responsible for them.

These kinds of nonmonetary agreements aren't binding in court, and in fact they could cause a judge to take your entire prenup less seriously. Rather than including personal matters in your prenup, you may find it helpful to simply make a list of your most important concerns and discuss them together. If you want to take it a step further, you can underscore your commitment by writing down your personal agreements in a separate document -- perhaps in a letter that each of you writes to the other, clarifying your intentions and wishes.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Diego Family Law Attorney explains what you can do with a prenuptial agreement.

If you're trying to decide whether or not to make a prenuptial agreement, you'll need to understand what this type of contract can -- and can't -- do for you. Prenuptial agreements are most often used for the following purposes:

Keep finances separate. Every state has laws designating certain kinds of assets accumulated during marriage as marital property or community property, even if these assets are held in the name of just one spouse. If a couple divorces, or when one spouse dies, the marital or community property will be divided between them, either by agreement or by a court. If you want to avoid having some or all of your individual accumulations during marriage divided up by a court, you can do so with a premarital agreement.

Protect each other from debts. Some of us bring debts, as well as assets, to a marriage. If there's no prenup, creditors can sometimes turn to marital or community property to satisfy the debts of just one spouse. But if you want to make sure that saying "I do" does not mean saying "I owe," you can use a prenup to limit your liability for each other's debts.

Provide for children from prior marriages. A prenuptial agreement is helpful (perhaps essential) if either of you has children from another relationship and you want to make sure that your children inherit their share of your property. In a prenup, one or both spouses can give up the right to claim a share of the other's property at death, perhaps in exchange for an agreed upon amount of property.

Keep property in the family. If your property includes something you want to keep in your birth family, whether it be an heirloom or a share in a family business, you and your spouse can agree that it will remain in your family, and you can specify that item in your prenup. This can even include property that you expect to receive in a future inheritance.

Follow through by making your estate plan. In addition to using your prenup to waive inheritance rights and state your intentions for passing on your property at death, it's vital that you prepare the estate planning documents -- a will, living trust, and so on -- that actually transfer your property as you intend.

Define who gets what if you divorce. Without a prenup, state law will specify how your property will be divided if you ever divorce. These laws may dictate a result that neither of you wants. You can use a prenup to establish your own rules for property division and avoid potential disagreements in the event of a divorce.

Clarify responsibilities during the marriage. In addition to the reasons listed so far, there are countless other uses for a prenup, depending on your circumstances. Here are some examples of other matters people include in their prenuptial agreements:

• whether to file joint or separate income tax returns or to allocate income and tax deductions on separate tax returns
• who will pay the household bills -- and how
• whether to have joint bank accounts and, if so, how you will manage them
• agreements about specific purchases or projects, such as buying a house together or starting up a business
• how you will handle credit card charges -- for instance, whether you will use different cards for different types of purchases, what kinds of records you will keep, and how you will make payments
• agreements to set aside money for savings
• agreements for putting each other through college or professional school
• whether you will provide for a surviving spouse -- for example, in your estate plan or with life insurance coverage, and
• how to settle any future disagreements -- for example, you might agree to hire either a mediator or a private arbitrator.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Francisco Family Law Attorney talks about the open adoption process.

An open adoption is one in which there is some degree of contact between the birthparents and the adoptive parents -- often this includes contact with the child as well. There is no one standard for open adoptions; each family works out an arrangement that works well for them. Some adoptive parents consider meeting the birthparents just once before the birth of the child, while others form ongoing relationships which may include written correspondence or visits.

Open adoptions often help reduce stress and worry by eliminating the power of the unknown: rather than fearing the day that a stranger will come knocking on their door to ask for the child back, adoptive parents are reassured by knowing the birthparents personally and dealing with them directly. This openness can be beneficial to the child as well, who will grow up with fewer questions -- and misconceptions -- than might a child of a closed adoption.

If you want your adoption to be open and decide to use an agency, be sure to find out their policies on open placements. Some agencies offer only closed or semi-open adoptions, and will not provide identifying information about birth or adoptive parents even if both families want the adoption to be open. On the other hand, independent adoptions -- where allowed -- permit any degree of openness desired by the birth and adoptive families.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Oakland Family Law Attorney explains what Senate Bill 54 means for California same-sex couples.

Same-sex couples in California who were married in other states prior to November 5, 2008 will be afforded the legal protection of marriage, if Governor Schwarzenegger signs the bill into law. Proposition 8, a voter initiative, ended same-sex marriage in California when it was passed in November, 2008. But Senate Bill 54 allows those marriages performed prior to the passage of Proposition 8 to remain valid.

What does this mean for same-sex couples who were married before Proposition 8 passed? It means that their families can remain together, and they are still afforded the legal protection of marriage despite the ban on same-sex marriage in California.

While this may seem confusing at first, for estate planning and family law purposes, this gives couples married in states where same-sex marriage is legal, the same legal rights as heterosexual married couples including the end-of-life and inheritance law benefits that married couples enjoy.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Jose Family Law Attorney explains how bankruptcy may benefit couples filing for divorce.

The current severe recession may affect many couples considering filing for divorce in ways they had not expected. The assets they hoped to divide may have dramatically shrunk, and the debts they have incurred may be much larger than they anticipated. All of this means that your family law attorney will be extremely valuable as you consider your divorce proceedings.

In a community property state such as California, the debts of a couple will be shared as equally as the assets. That means couples with heavy debt loads may want to consider a bankruptcy filing to clear out the debts before they file for divorce. A Chapter 7 bankruptcy filing can clear out a large unsecured debt load. A Chapter 13 bankruptcy filing may allow a couple to reduce their debts and save their home from foreclosure. An added benefit of the bankruptcy filing may be that the debt removal may make the divorce process much less contentious.

For example, if one of the spouses is required to pay half of the unsecured debts, he or she may file a Chapter 7 bankruptcy to erase the debt from his or her credit record. While the debt may not be dischargeable in bankruptcy, the lender is free to pursue the full amount from the other spouse. Filing a joint bankruptcy before the divorce proceeding could remove this possible scenario from the divorce settlement process.

Your divorce attorney can help you structure a settlement that can guard against a former spouse ruining your credit rating by failing to repay debts. Consulting with a bankruptcy attorney may make that process much smoother.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Jose Family Law Attorney explains when guardianship is needed.

These frequently asked questions explain when you do -- and don't -- need to seek legal guardianship of a child in your care.

IF A CHILD LIVES WITH ME, DO I NEED A GUARDIANSHIP?

You won't need a guardianship if the child is only staying with you for a few weeks or months. But anyone who anticipates caring for a child for a period of years will probably need a legal guardianship. Without this legal arrangement, you may have trouble registering the child in school, arranging for medical care and obtaining benefits on the child's behalf. In addition, you'll have no right to keep the child if his parents want him back -- even if you think they're incapable of caring for him properly.

IS IT TRUE THAT PARENTS MAY NEED A GUARDIANSHIP OF THEIR OWN CHILD?

It's strange but true: sometimes parents need to establish a particular type of guardianship called a "guardianship of the estate" to handle their own child's finances -- even if the child lives with them. This situation usually arises when significant amounts of property (at least $5,000 in most states) are given directly to a child.

Understandably, institutions and lawyers are reluctant to turn assets over to parents when they were intended for a child. A guardianship of the estate relieves the institution from liability, and the parents are directly accountable to a court to show how funds are spent and invested.

Example: The Thompsons lived next door to an elderly widow, who was extremely fond of their small daughter. When the widow died, she left her house to little Suzy Thompson. The lawyer handling the widow's estate suggests that Suzy's parents go to court to establish a guardianship of their child's estate. The house is then transferred into the name of Suzy's guardianship estate, which her parents manage until she reaches adulthood.

While this system is effective in protecting children's assets from unscrupulous parents, setting up a formal guardianship of the estate involves time and money that well-meaning parents sometimes find burdensome. For this reason, all states have passed laws to make it easier to give money or property to children. These laws provide simple, inexpensive procedures by which gifts to minors (typically up to $10,000) can be managed by their parents without setting up formal guardianships of the estate. A gift-giver must simply name, in his or her will or in a trust document, someone to manage the gift until the child reaches adulthood. No court involvement is required.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Sacramento Family Law Attorney explains how to claim a domestic partner as a dependent.

If you financially support your domestic partner (heterosexual or same-sex), you may be able to file a tax return as a single person and claim your partner as a dependent. To be able to do this legally, you must meet the following five tests.

Support. The supporting partner must provide at least 50% of the other domestic partner's total support for the year. Support includes food, shelter, clothing, medical and dental care, education, entertainment, and just about anything you can think of.

Citizen or resident. The supported person must be a U.S. citizen, resident alien, or citizen of Canada or Mexico.

Income. The supported person's taxable income cannot exceed $2,900. Nontaxable money, such as gifts, welfare benefits, and nontaxable Social Security benefits do not count toward gross income.

Relationship. Under IRS regulations, a person who lived in your home for the entire year can be considered a dependent as long as the relationship does not violate local law. One frequently used option recommended by family law attorneys is to go ahead and claim your domestic partner as a dependent if you meet the other four tests, even if you live in a state where you may be violating the law in a state because fornication, cohabitation, or sodomy are still against the law. Recent court decisions have made those laws questionable at best, and the worst that can happen is that the IRS won't allow your deduction and your tax bill will be recomputed without the deduction.

Unmarried person. If the supported person is married and files a joint tax return with his spouse, the supporting partner in this relationship cannot claim him as a dependent. There's one exception: If the married couple did not earn enough to have to file a tax return and did so only to get a refund, the supporting partner can claim the dependent. Consult a family law attorney if you are in doubt about this.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Francisco Family Law Attorney explains the benefits of domestic partnerships.

Domestic partners are unmarried couples, of the same or opposite sex, who live together and seek economic and noneconomic benefits granted their married counterparts. In a few states, domestic partnership status is offered and regulated by the state and grants many of the rights and responsibilities of marriage -- generally limited to same-sex couples. In other places, domestic partnership is offered by smaller governmental entities or businesses and carries more limited benefits. In either case, benefits can include:

• health, dental, and vision insurance
• sick and bereavement leave
• accident and life insurance
• death benefits
• parental leave (for a child you coparent)
• housing rights and tuition reduction (at universities), and
• use of recreational facilities.

When a state, municipality, county, organization, private company, or university or college considers providing domestic partnership benefits, it must address several important issues: Who qualifies as a domestic partner -- should heterosexual couples be covered as well as gay and lesbian couples? How will an employer identify the employee's domestic partner -- by registration? Must the couple be together a minimum number of years? Must the couple live together? Must they share expenses? Must they be financially responsible for each other? How does a couple terminate their domestic partnership?

In 1982, the Village Voice newspaper became the first private company to offer its employees domestic partnership benefits. The City of Berkeley was the first municipality to do so in 1984. In 1995, Vermont became the first state to extend domestic partnership benefits to its public employees. In 1997, Hawaii became the first state to extend domestic partnership benefits to all same-sex couples throughout the state. In addition, California, Connecticut, Maine, and New Jersey all now offer domestic partnership status to same-sex couples who register, with a wide variance in the type of benefits offered.

Today, a number of states and hundreds of municipalities, counties, private companies, organizations, colleges, and universities offer domestic partnership benefits. The complete list of institutions is extensive; the benefits offered by each is not, however. In some cases, all that is offered is bereavement or sick leave. In other situations, the benefits offered are comprehensive -- but also costly. Often, either the employee foots the bill for his or her partner, or the company pays (when it also pays for spouses) but the employee must pay taxes on the benefits. This is because the IRS considers benefits awarded to an unmarried partner as taxable compensation.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Jose Family Law Attorney how divorcing parent classes can benefit children in custody cases.

Children are often the collateral damage during the custody battles that rage within family law courts. So often parents are so caught up in the battle with their former spouse that they don’t realize the damage the negative comments and constant strife are doing to their children. That is where classes for divorcing parents can play a role to help lessen the stress level of the child.

Twenty seven states now require the class which teaches parents to continue to partner as parents after their marriage or relationship has ended. This process teaches them skills they can use to work together for the best interests of their child without bringing the negative baggage into the child’s world.

The approach the classes use varies greatly. Some use a lecture format. Others use a small group format, and Internet-based classes are a fast-growing option that can be used to fulfill court orders for parent education. The goal of the classes is to help the parents understand the emotions of a divorce while keeping the parental relationship separate from the adult relationship that is coming to an end.

There are a few common themes in the classes. First, children need both parents in their lives if possible. Second, children should be allowed to be children and not take on adult roles within the family. The classes have been successful across the country, and have benefitted countless families by teaching them how to get along when they are no longer living together.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Jose Family Law Attorney comments on the custody battle over Michael Jackson’s children.

If something were to happen to you, who would take care of your children? That is a question that many parents have had to face as they prepared their wills and estate plans. Not properly addressing this situation can create a family law nightmare for your children and their guardians.

After Michael Jackson’s death, a custody battle for his children has broken out between Debbie Rowe, Mr. Jackson’s ex-wife and mother of his two oldest children, and Katherine Jackson, Mr. Jackson’s mother. Ms. Rowe had previously relinquished her parental rights after their divorce in 1999, but had them reinstated after Mr. Jackson’s arrest on child molestation charges in 2003. The mother of his third child was a surrogate and her identity is unknown.

Ms. Rowe has a strong claim to custody of the oldest children. But California courts have to consider “the best interests of the child” in deciding custody cases. In this case, will it be more beneficial for all three children to remain together with their grandmother and their cousins? Or, should the older children be placed with a mother with whom they have had limited contact for some time? It is a sticky situation, and one that will probably be in litigation for some time.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Jose Family Law Attorney explains how paternity is established.

Establishing paternity involves determining who is the father of a child. The law always recognizes the mother of the child as a parent. But if the mother and father were not married when the child was born, then the law only recognizes the father if paternity is legally established. Paternity gives your child the same benefits and rights as those children born to parents who are married. These include:

• Legal proof of both the father's and mother's identities.
• Family medical history information, in case of inherited health problems.
• The father's name on the birth certificate.
• Life or medical insurance from either parent (if they have insurance).
• Financial support from each parent.
  

Whether or not a child's parents are legally together at the time of birth, they can sign a Voluntary Declaration of Paternity to legally determine the identity of the child's father. If the parents are in disagreement about the identity of the father, any man who believes he may be a child's biological father is entitled, under California law, to a DNA paternity test (by blood or saliva) to legally prove his identity.

Establishing paternity will be very important for a child if his or her parents become separated, divorced, or were never married—especially if the child's father wants to ensure that he has custody and visitation rights. It also allows the child to be legally entitled to receive child support and gives a father the right to make certain legal decisions regarding his child. In California, there is no statute of limitations for establishing paternity.

A child's parents may also want to establish paternity in the event that there is a disagreement over the father's identity. A person may deny that he is the child's father, and filing a paternity lawsuit can resolve this dispute, ensure that the child's rights are taken care of, and require the child's father to meet his financial and legal obligations to the child. Should the case go to trial, a California Superior Court will hear the case.

Should you decide to go through the courts to establish paternity, you will have to file a Complaint to Establish Parental Relationship. A Judgment, reached either by agreement between both parties, by default, or after the trial, will be issued by the court.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Oakland Family Law Attorney explains the conservatorship process.

If someone close to you is no longer able to care for themselves, a probate lawyer can help you set up a conservatorship, also known as an adult guardianship, to make sure that your loved one is cared for and their property is looked after in a professional and competent manner.

Ideally, a person will have already appointed someone to care for their well-being and their estate plan, in the event that they do become incapacitated. If not, however, a judge can appoint a conservator for them. A person or an organization can be appointed to the role of conservator.

There are three types of Conservatorships:

• Conservator of a person – which includes deciding where the conservatee will live, arranging for care, and taking care of a conservatee's food, clothing, transportation, exercise, and housekeeping.
• Conservator of an estate – which includes overseeing the conservatee’s financial arrangements including payment of bills, filing taxes, investing funds and making regular reports to the court.
• Conservator of the person and the estate – includes all of the aforementioned items.
  

Conservators can be named for developmentally disabled individuals as well as individuals who have suffered a serious medical issue that has left them unable to care for themselves. If your estate plan does not have provisions for a conservator, you may want to talk with your attorney. Otherwise, the court will appoint someone who may not be the person you want taking care of your affairs.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Francisco Family Law Attorney explains the guardianship process.

Parents who do not plan for their child(ren)’s guardianship as part of their estate plan run the risk of the court appointing a probate guardian, who will have legal and financial responsibility for any minors until they reach the age of 18.

There are three types of guardianship that the court may order:

Probate Guardianship of the Estate - this is established when the person(s) who left the child money did not establish a guardian in their estate plan. This person will manage the child’s money until the child turns 18 years of age.

Probate Guardianship of the Person – this individual takes over the legal, financial, and emotional responsibilities of caring for the child.

Probate Guardianship of Person and the Estate – encompasses both of the processes described above.

Guardianship is typically established after the death of the parents or legal guardians, but it can also be established when the parents are alive. These cases often occur when the parents are unwilling or unable to care for the child, or when a parent may be a threat to the child. The probate judge will determine what is in the best interests of the child and appoint a guardian if necessary.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.