HIGH ASSET CHILD CUSTODY

San Mateo High Asset Child Custody Lawyers

“Many of our child custody clients are divorced and concerned about how the child custody terms they agreed to are playing out for their children. Oftentimes one of the parents wants to be the ‘fun parent’ who takes them on vacations, on cruises, never says no. And they ignore things like getting homework done, getting to bed on time, staying off electronics. Fortunately, the standard in California is: the best interest of the children. That’s absolutely critical because research shows that most children of divorced parents don’t do as well in life. As child custody lawyers, that’s a mandate to do everything we can for our clients to make sure their children aren’t among them”

Amy Laughlin

What an experienced high-asset child custody lawyer identifies as a central challenge.

Let’s first look at the parents in these cases. They are high-net-worth individuals (HNWIs), people with at least $10 million in liquid assets after deducting their liabilities. Divorces between these high-asset couples are often complex and multifaceted, requiring a specialized expertise to accurately value and divide their estate, and determine child custody. Very often, whatever they have to spend to get whatever they want is not a deterrent. Money is no object. And when it doesn’t matter what it costs, it’s more likely to take more time to resolve because they have the means to continue to fight.

Amy Laughlin, a child custody lawyer in San Mateo explains, “If the case was just about who gets the family jewels, even if it takes years to resolve, the jewels won’t be hurt. But when the case is about children, too, time matters. The tension, hostility and volatility between their parents can take a toll that may literally be felt for the rest of their lives. This is why efficiently resolving child custody cases and resolving them with as little drama as possible is always our goal.”

A child custody lawyer in San Mateo on high asset custody cases where just one parent is an HNWI.

High-asset divorces make up a significant percentage of divorces in California particularly in locations with a concentrated population of HNWI residents like San Mateo or Silicon Valley in general. Approximately 8.51% of California residences are millionaire households, a percentage that’s far greater than most states in the country, including New York and Texas.

If just one spouse in a high asset child custody dispute in San Mateo is an HNWI, their assets and ability to financially provide for the children will certainly be a factor in determining their share of custody. But an elevated socioeconomic status is no indication of a parent’s emotional capacity to care for the children. In fact, some research suggests a possible correlation between narcissistic personality disorder and ultra high income individuals.

Cases have been filed and fought on the argument that a parent with narcissistic personality disorder should not be awarded majority custody because the effects on the children could be serious and long lasting, ranging from anxiety, depression, low self-esteem, and codependence. On the other hand, cases have been filed and fought on the argument that the parent who is not an HNWI is guilty of parental alienation for sharing their theory that the HNWI parent has narcissistic personality disorder.

In either scenario, if the child’s best interest is to have a fighting chance, it’s essential to work with an experienced child custody lawyer for high-asset cases.

Preparing for child custody mediation with an attorney for high-asset child custody in San Mateo

Child custody mediation is mandatory in the state of California and here’s why: child custody mediation is an opportunity which in all likelihood would seldom be taken advantage of if it was not required.

Though it may feel at first as if you’re being forced into battle, mediation often does the opposite – it can de-escalate even the most high-conflict cases, lead to a more productive dialogue, and ultimately result in a better outcome. According to the San Mateo County Superior Court Parent Handbook:

Mediation/Child custody recommending counseling (ccrc), is an opportunity for the parents to meet and work out a parenting plan for their children. The goals of mediation/ccrc are:

To help the parents develop their own parenting plan.
To improve communication between parents.
To reduce anger and resentment between parents.

You and your high-asset divorce and custody lawyer will prepare in advance so you can arrive with relevant documentation like school and work schedules, medical history and financial records, as well as a proposed strategic plan for the best way for your children to move forward.

Both parents should be prepared to compromise. Remember that mediation exists to ensure that divorce has the smallest negative impact on the child as possible. It may be emotionally difficult for you and your soon-to-be ex, but it will be worth it knowing the child comes first.

Laughlin Legal – dedicated and experienced high asset child custody mediators & lawyers at your service.

At Laughlin Legal, our child custody mediators and child custody attorneys help parents achieve the custody or parenting time they deserve. We also provide a number of other custody-related services such as establishing paternity or seeking permission for relocation if a parent wants to move with the children during or after a divorce. We are trusted throughout California for our ability to understand and secure our clients’ needs.

Terminology

Child custody

refers to the determination of how the parents divide the rights and responsibilities of taking care of their children. A good child custody lawyer will explain the two types of custody, legal and physical, and advise you on your best options for gaining or retaining custody of your children. The legal custodian(s) make important decisions for the children and their welfare. The physical custodian(s) live with the children most of the time and are the primary caregivers. Joint custody means the parents equally share the rights and responsibilities for their children. Sole custody means one parent holds the primary right and responsibility.

Complex child custody

cases often involve either geographic complexity, for instance a parent who is relocating outside California, or behavioral complexity such as allegations of substance abuse or child abuse, child neglect, domestic violence, mental health disorders, or parental alienation.

Parentage

also called paternity, is the status of being a child’s legal parent, whether a natural parent or an adoptive parent. As of 2013, a child may be found to have more than two legal parents.

Child support

in California is calculated using a formula that considers parents’ income and certain expenses, number of children, amount of time children spend with each parent, and special needs of the children. Child support agreements rarely deviate from California’s formula but a skilled child support lawyer is still important for helping you successfully seek an order for child support. We can also hold your ex-spouse responsible for inadequate or missing payments.

Emancipation

Emancipation is a legal way for a 14 to 17-year-old to become free from their parent’s custody and control. In many ways, they are legally like an adult.

Temporary orders

are orders issued by the court – such as temporary child custody orders or temporary spousal support orders – before the case goes to trial to establish boundaries or maintain the family’s status quo until a final divorce and/or custody agreement is signed.

Minor’s counsel

s an attorney appointed by the court to represent the best interests of a child in family law proceedings. A minor’s counsel lawyer may continue to represent the child in legal matters until the child reaches the age of 18.

Parenting time

formerly known as visitation, is time set aside for visits with children and a parent. There are 4 different kinds: Scheduled, Reasonable or open ended or without a predetermined schedule, Supervised when there are concerns about the children’s safety and well-being, and No Visitation if there’s a good chance a visit would be emotionally or physically harmful to the children. If parents cannot agree which is best, a judge will decide for them.

Relocating or Move-Aways

A parent is permitted to change where a child lives if it won’t interfere with the current custody and parenting time orders, and they’ve given the other parent notice. If not, the parent will need to ask for a court order before the child can move with them.

Case Story

A High Asset Child Custody Client In Their Own Words

“My son, who was 10, called that his father was drunk at a bar, and he was afraid he was going to drive. Later that night, he also told me that his father was physically abusive with him, and by luck I had already made the connection with Amy. I remember calling her. I was in survival mode for my child, in crisis, completely panicked, and she gave me advice right there on the phone: you have to call the police. She was in real time. It was a Friday night, I felt like I could call her and she was there.

Your attorney can lead you into all types of dark corners, but I felt like Amy and I were aligned. She fought for me but never brought more litigation than was needed, was never an unethical bulldog, always respectful, and definitely not a pushover or softie. I never felt like my personal ethics or values were compromised. That is so hard to find! I often get the feeling attorneys don’t care about ethics. Amy was really good at managing expectations. Felt like a real partnership. Prior to a hearing, we’d get on the phone and strategize. I never wondered, What is my attorney doing? And Amy is not afraid to go to trial. Some lawyers just want to settle, they’re nervous, can’t take that high pressure. Not Amy. And she’s really really good no matter the pressure. But she’s not going to push you to go to court. And she’s SO good with the judge. I just knew she was going to kill it in court. And she did. This firm will get as good a result as you can possibly get. They invest the time with you. This is not a transactional, high volume firm. And they have this balance of really high integrity and really high advocacy and really great results. I’m so thankful I had someone who was with me trying to figure out what’s best for my kid, and it goes way beyond the legal. Amy just gets things. 10 out of 10. Totally surpassed my expectations though I had never met anyone with as bad a case as I had. This firm is absolutely life-changing when it comes to the safety and welfare of a child. Without Amy, my son might not be safe and healthy today. Amy has all of the qualities that you hope for in a family lawyer but rarely get all in one package. She is highly experienced, intelligent, compassionate, ethical, hardworking, and she will not rest until she has fully advocated and fought for you. Even as my case became more complex and stressful, Amy continued to shine and drove the best possible outcome. I am eternally grateful!”

How Much Does A Child Custody Lawyer Cost in California?

As with any legal practice area, what a child custody lawyer costs in California may vary profoundly depending upon the individual lawyer, law firm, or complexity of the child custody

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If you’re looking for some of the best child custody lawyers in Silicon Valley and the San Francisco Bay Area, let’s talk. Call us at 650.343.3486 or email us here.

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