Palo Alto Family Law Attorney

Dedicated Family Law Attorneys Serving Palo Alto and Santa Clara County

Allow The Schoenberg Family Law Group, P.C., to take the weight of a family law matter off of your shoulders with compassionate and confidential legal services you can trust. Our experienced Palo Alto family law attorneys specialize in professional-level, client-focused legal practice. We understand the difficulties surrounding family law issues and will guide you through family law procedures as efficiently and prudently as possible.

Our lead attorney, Debra R. Schoenberg, is a Certified Family Law Specialist — a distinction awarded by the State Bar of California Board of Legal Specialization that reflects advanced training, peer evaluation, and demonstrated expertise in California family law.

Our attorneys will provide the answers and support you need to focus on making logical, objective decisions during emotional turmoil. Let us ease your emotional strain and reduce the difficulty of decision-making that comes with any area of family law, including but not limited to, the following:

• Child support
• Child support modification
• Child custody
• Child custody modification
• Divorce
• Mediation
• Paternity

About Our Palo Alto Family Law Team

At Schoenberg Family Law Group, P.C., our attorneys bring over 400 combined years of practice. Family law is all we do, and that singular focus means our clients benefit from a depth of knowledge and courtroom experience that generalist firms simply cannot match. Our team and firm have earned a number of distinctions that reflect our commitment to excellence, including:

• Lead attorney Debra R. Schoenberg is a Certified Family Law Specialist, a designation held by fewer than 1% of California attorneys.
• Recognized by Super Lawyers, U.S. News & World Report Best Law Firms, and the American Institute of Family Law Attorneys.
• Nearly 40 years of exclusively practicing family law.
• Regular appearances in Santa Clara County Superior Court, with deep familiarity with local procedures and judicial expectations.

We understand that no two family law matters are alike, and we take the time to listen, understand your priorities, and develop a legal strategy that reflects your goals. Whether you are navigating an uncontested divorce or a highly complex case involving business interests, equity compensation, or contested custody arrangements, our team has the experience and resources to handle it. Where settlement is possible, we pursue it efficiently. Where litigation is necessary, we are seasoned trial attorneys fully prepared to advocate for you in court.

Child Support & Family Law Cases in Palo Alto

Parents are legally responsible for the support of their child(ren). Child support is a court-ordered monthly amount to account for the expense of raising a child. Judges determine child support based on state guidelines and mathematical formulas.

Typically, courts calculate child support using both parent’s net income and the amount of time each parent is physically with the child. Child support expenses include such needs as:

• Monetary support for food, clothing, and shelter;
• Health insurance;
• Childcare;
• Travel costs for visitation; and
• Extracurricular activities like sports, lessons, and field trips.

A parent must support their child until:

• The child reaches 18 years old and is a high school graduate. Any child who is a full-time high school student or attends part-time due to a medical condition will continue to receive support;
• The child reaches 19 years old; or
• The child marries, dies, or emancipates.

The court may order both parents to continue to support a disabled adult child if that child cannot support him or herself.

Because child support calculations depend heavily on accurate income reporting and custody timesharing arrangements, having an experienced Palo Alto family law attorney advocate on your behalf can make a significant difference in the outcome. If your financial circumstances have changed since your original order was established, you may also have grounds to request a modification — something our attorneys handle regularly in Santa Clara County.

Child Custody & Family Law Cases in Palo Alto

California requires parents to have a parenting plan. Parents may create and agree on a parenting plan themselves, or the court will put one in place for them. Parenting plans detail child custody arrangements and any child visitation and must be in the best interest of the child. In California, custody is divided into two distinct categories: legal custody, which refers to the right to make decisions about a child’s health, education, and welfare, and physical custody, which determines where the child primarily lives.

In California, the first factor considered by the court in determining child custody is the child’s best interests. Next, the court examines the child’s age, health, emotional ties, ties to their school and their community, as well as any history of family abuse or neglect.

If the court awards one parent custody, the other parent generally has visitation rights. Visitation orders also depend on the child’s best interests. Child custody and visitation orders are modifiable as a child’s needs or a parent’s circumstances change. This is an important distinction — custody arrangements are never permanently fixed. As children grow and family circumstances evolve, the court retains jurisdiction to revisit and modify existing orders upon a showing of a significant change in circumstances.

Navigating child custody proceedings in Palo Alto requires not only a thorough understanding of California family law, but familiarity with how Santa Clara County courts approach these matters in practice. Our attorneys appear regularly in Santa Clara County Superior Court and can help you build a parenting plan that protects your relationship with your children while prioritizing their wellbeing.

Common Child Custody Schedules in California

When parents can agree on a child custody schedule that works for both parents’ schedules, is fair to both parents, and is in the best interests of the children, they can settle this matter in their divorce agreement without the need for a judge who isn’t familiar with their family dynamic to make this most critical decision for them. Our firm understands the importance of parents making their own decisions for their children and can help to facilitate this ideal by setting up meetings with the other parent and his/her attorney to discuss common California child custody or parenting time schedules based on joint physical custody, or sole custody for one parent with visitation for the other. Some examples to consider include:

• An alternating-weeks schedule which is simple and often best for older children. This schedule works particularly well when both parents live in close proximity to each other and to the child’s school, which is common in the Palo Alto area.
• A 3-4-4-3 schedule with 3 days for one parent, followed by 4 days with the other, then 4 days with the first, followed by 3 days with the other, and then repeating. This is best for families with young children so they don’t spend long periods away from each parent. This schedule also gives both parents fair shares of weekdays and weekends with their children.
• Sole custody with visitation arrangements may be the best choice if one parent’s career keeps them exceptionally busy. An arrangement like this typically gives one parent sole custody with the other parent entitled to have their children every other weekend plus one evening per week from after school through dinnertime. This arrangement is not uncommon in the Palo Alto area, where demanding professional schedules in the tech industry can make a more balanced timeshare impractical for some families.
• A 2-2-3 schedule, where the child spends 2 days with one parent, 2 days with the other, and then 3 days with the first parent, rotating each week. This is another option well-suited to young children who benefit from frequent, consistent contact with both parents.

A parenting plan should also include the parent’s goals for holidays and school vacations. This includes planning around Palo Alto Unified School District’s academic calendar, as well as provisions for school breaks, summer vacation, and holidays such as Thanksgiving and winter recess. Our legal team can help you arrange a detailed plan for child custody that works for your family and will win approval from a judge in your jurisdiction.

Helpful and supportive

Debra and team were so helpful and supportive through the most difficult time in my life.  Grateful to the team for their advice – would highly recommend their services to anyone needing a divorce attorney.

J. J. San Francisco

Modifying Existing Orders for Child Support or Spousal Support

Failing to pay court-ordered child support or spousal support can result in a contempt of court motion that brings interest, fines, a bad credit score, and possible jail time. Instead of failing to pay, our family law firm can help those with significant changes in their financial situations to file for a modification of support orders.

California courts only consider modifications under the following unforeseeable circumstances:

• Sudden job loss
• Significantly lowered earning capacity due to an accident, illness, or disability
• A change in the number of children supported
• An ex-spouse who has begun cohabitating with another or has remarried
• A significant increase in the other parent’s income or earning capacity
• A substantial change in the child’s needs, such as new medical expenses or educational requirements

While none of the above factors guarantee a judge will sign off on a modification order, they are grounds for the court to review an existing order and consider a modification. Under California Family Code §3651, child support orders are always subject to modification upon a showing of changed circumstances — and the same general standard applies to spousal support orders, though the bar for modification can be higher depending on the terms of the original judgment. A family law attorney can argue aggressively for your case if a sudden significant change in circumstances has made it difficult for you to keep up your support payments.

Divorce

California is a “no-fault” divorce state. In other words, neither spouse is at fault for the divorce. Instead, parties file for divorce due to irreconcilable differences or an irreparable breakdown of the marriage.

To divorce in Palo Alto, California, one spouse must live in California for six months before filing the divorce action. That spouse must live in the county they file for at least three months. There is an exception for same-sex couples married in California but living in a state that does not recognize same-sex divorce. Palo Alto divorces are filed in the Santa Clara County Superior Court, Family Law Division, located in downtown San Jose. Our attorneys are highly familiar with the local filing requirements, procedures, and judicial expectations of this court.

There is a mandatory six-month waiting period before a judge grants a divorce.

The Palo Alto area presents unique considerations in divorce cases, particularly when it comes to the division of high-value assets such as stock options, RSUs, deferred compensation, and equity stakes in private companies — all of which are common among professionals in the local tech industry. Our attorneys have extensive experience handling complex portfolios and can help ensure your financial interests are fully protected throughout the divorce process. To learn more about divorce in Palo Alto, visit our dedicated Palo Alto Divorce page.

Mediation

Mediation is a casual, non-adversarial means to solve divorce issues such as property division, spousal support, child support, child custody, and visitation. Spouses meet together with a mediator in the hopes of creating a fair and agreeable settlement to all of their marital issues. The intention is an open and honest dialogue between spouses.

Mediation for divorce is not mandatory, and either party may leave at any time. However, California requires divorcing parents to attend custody and visitation mediation. A qualified family mediator helps parents create a custody and visitation plan that is in the best interests of the child.

No agreement in mediation is official until approved by the court. If mediation produces no agreement, the case moves to the courtroom for litigation.

Paternity

California courts do not presume unwed fathers are the biological parents of their child even if they are on the birth certificate. A mother cannot receive child support without establishing paternity, or the parentage, of her child. A father cannot seek child custody or visitation without doing the same. Establishing parentage is therefore a critical first legal step for unmarried parents — and the sooner it is addressed, the sooner both parents’ rights and the child’s right to financial support can be protected.

When a couple is married, a child is naturally assumed to be a product of the marriage. When parents are unmarried, no such presumption exists. Parentage is established by a person voluntarily signing a declaration stating he is the biological parent or the court determining parentage through a court case.

Once the court grants parentage, a parent’s obligations and rights to a child start, that parent may seek custody or visitation. They are now also legally obligated for the financial support of their child.

At Schoenberg Family Law Group, P.C., our skilled Palo Alto family law attorneys regularly assist both mothers and fathers in establishing parentage through Santa Clara County Superior Court. Whether you are seeking to establish paternity to secure child support, protect your parental rights, or navigate a complex multi-parent situation, we can help you understand your legal options and advocate effectively on your behalf.

Frequently Asked Questions: Family Law in Palo Alto, CA

Schedule Your Confidential Case Review with The Schoenberg Family Law Group, P.C.

The Palo Alto Family attorneys at The Schoenberg Family Law Group, P.C., are experienced family law attorneys in Palo Alto, California. This allows us to offer you comprehensive advice in any area of family law, including creative and thoughtful resolutions to your legal concerns. We emphasize quality and integrity in representation. Our lead attorney, Debra R. Schoenberg, is a Certified Family Law Specialist — a designation held by fewer than 1% of California attorneys — and our team has been recognized by Super Lawyers, U.S. News & World Report Best Law Firms, and the American Institute of Family Law Attorneys, among others.

Our attorneys are accessible to you and conduct consultations in a comfortable, confidential environment. All information you share with us is protected by attorney-client privilege from the moment of your first consultation. We represent clients throughout the Palo Alto area and all of Santa Clara County, and our modernized approach to family law means that face-to-face meetings are not always necessary — we can represent you effectively from wherever you are in California. To find out more about the many ways we can help you, call our office today.