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Child custody and its associated issues can be one of the most emotionally charged aspects of family law in San Mateo. Disputes regarding custody and visitation rights are incredibly sensitive matters that have a profound impact on the lives of you, your partner, and your children. In these situations, it can be difficult to keep a rational mindset when undergoing negotiations relative to your children. Our San Mateo custody lawyers are ready to assist you throughout the entire process.
Why Experience Matters: With decades of experience representing parents across San Mateo County and the Peninsula, Certified Family Law Specialist Debra R. Schoenberg and her team of experienced attorneys bring unmatched depth in California custody law and a clear understanding of local court procedures at the San Mateo County Superior Court.
The state of California has stringent custody laws that require the courts to prioritize the best interests of the child. This can often conflict with the desires of the parents, and it can lead to intense disputes that can become volatile quickly.
For all matters in child custody and visitation in San Mateo County, consult the attorneys at Schoenberg Family Law, P.C. We understand the gravity of the situation and the impact of the results, and work with you to determine the best outcome for you and your children.
Choosing the right attorney can significantly impact the outcome of a custody case. Our firm stands apart in San Mateo County and throughout the Peninsula because we combine specialization, local courtroom experience, and compassion.
The attorneys at Schoenberg Family Law, P.C. provide counsel in custody law to clients throughout all of San Mateo County, including those in Menlo Park, South San Francisco, Burlingame, Foster City, Daly City, and San Bruno.
We understand custody matters can be an incredibly sensitive topic to broach, so we provide the utmost respect and trust to our clients by ensuring open communication and transparency through the entire legal process. We employ our experience and knowledge to help our clients with all issues regarding custody and visitation, including:
We champion your parental rights and your children’s best interests, prioritizing their health and safety above everything. You can trust our knowledgeable lawyers and staff with your most delicate and challenging family law matters. Attorney Debra Schoenberg is a Certified Family Law Specialist with nearly 40 years of experience to draw upon.
Child custody is referred to as “parenting time” in California. In the state of California, it is important to note the differences between legal custody and physical custody:
Physical and legal custody can each be joint or sole. The former gives equal custody to both parents, while the latter gives one parent sole responsibility. This means that custody can be assigned in some intricate ways. For example, a parent may have both sole physical and legal custody, or one may have sole physical and joint legal custody, or vice versa.
The courts in California never take child custody lightly. Under California Family Code §3011, when it is up to a judge to decide custody, the courts will carefully review the relevant facts of the case and make a decision that will protect the child’s best interests based on all available information. “Best interests” means what will ensure the child’s physical, mental and emotional well-being. The factors used to make a custody decision often include:
The child’s health, safety and well-being are always the court’s top priorities during a child custody case. At a hearing, both parents will have the chance to argue why they should have custody and/or why the other spouse should not. Either party can also request a psychological evaluation; note, however, that if one parent’s psychological health is evaluated, both parents will be subject to the same assessment.
“Best interests of the child” under Family Code §3011 refers to legal standards that prioritize a child’s safety, stability, and emotional wellbeing when San Mateo County courts make custody decisions. Our attorneys ensure that every parenting plan presented to the San Mateo Superior Court aligns with these statutory standards.
Yes. If you believe that the family court made a mistake when creating your child custody order, you can use an attorney to help you file an appeal in San Mateo County. An appeal asks a higher court to alter or reverse the decision made by a lower court. An appeal will only be accepted, however, if an error was made during the first trial that likely changed the outcome of the case.
If you cannot appeal a custody decision, you may be able to request a modification of the child custody order in the future. In general, you must prove a substantial change in your circumstances has occurred from when the court gave the original order. If you have sought counseling for a substance abuse disorder, for example, you can petition the courts to grant you shared custody or child visitation now that you are in recovery.
Not all custody cases are legal battles before a judge. California law first gives all parents the ability to create their own parenting plans. Parents can map out the exact custody arrangement that works for them, including custody on holidays and special occasions. A divorce settlement agreement can save families time, money and stress by avoiding a trial.
However, because of so many custody options, it can often be difficult for two parents to come to an agreement, even in civilized divorces and separations. In cases where an agreement cannot be established, California law mandates that parents must participate in mediation in an attempt to resolve their disputes.
Mediation is much less formal than a trial. It is a meeting between the two parents, their legal representatives (if desired) and a mediator – an unbiased third party who is typically trained in conflict resolution. In these meetings, parents are encouraged to come to a full agreement – but in cases where that may not be realistic, they can come to a partial agreement and leave any irreconcilable issues for the judge to resolve.
Mediation can be a trying period of time that can leave parents in a high state of stress and emotionally drained. An attorney can be an invaluable ally through mediation and can considerably ease your burdens while simultaneously maintaining a sense of progress and rationality through the ordeal. Our attorneys also represent clients in mediation and settlement conferences before the San Mateo County Family Court, ensuring their interests and their children’s wellbeing are protected at every stage of the custody process.
If mediation doesn’t work, the custody case will go to the family law courts for a judge to determine the best parenting plan based on the circumstances.
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.
Our custody attorneys routinely represent parents in proceedings at the San Mateo County Superior Court in Redwood City. We also assist families in nearby Peninsula communities including Burlingame, San Carlos, Belmont, Foster City, Millbrae, Half Moon Bay, Menlo Park, Daly City, San Bruno, and South San Francisco, giving each parent the advantage of local insight and courtroom familiarity with San Mateo County judges and custody procedures.
At minimum, six months after serving your spouse — per California law. Uncontested divorces may finalize soon after that period. Disputed or high-asset cases can take longer depending on court availability.
Assets acquired during the marriage are community property and split equally. That includes homes, financial assets, and retirement savings. Wine-related businesses or family farms are common local considerations requiring valuation.
Custody decisions prioritize the child’s best interests. Family Court Services offers mediation to help parents agree on a plan without trial. Judges typically intervene only when there’s a safety or communication issue.
It’s calculated using the same state formula as everywhere in California. Local housing and daycare costs can influence the final number. Support can later be modified if income changes.
Possibly, based on income, earning potential, and standard of living during the marriage. Courts can grant temporary support while the case proceeds. Long-term support depends on your specific circumstances.
Not necessarily. Mediation or settlement agreements can resolve your case without multiple hearings. Only contested matters require a judge’s ruling.
You or your spouse must have lived in California for six months and in Napa County for three. You’ll file your petition at the Napa County Superior Court.
Yes — you can submit a complete marital settlement agreement for court approval. Once accepted, your divorce is finalized without a trial.
Yes. As long as you meet the residency requirements, you can file locally. Your spouse will be served wherever they reside.
If the business was started during the marriage, it’s likely community property. Courts often require an expert valuation to ensure a fair split.
Yes — you can request temporary orders early in the process. These help maintain stability while the divorce is pending.
Schoenberg Family Law Group, P.C. has more than 35 years of experience negotiating and litigating all matters of custody law and divorce. Our team of experienced attorneys include certified specialists in family law, so you can ensure that you have experience, education, and knowledge by your side.
Custody law is a highly sensitive topic that can raise the ire of even the most mild-mannered parents. The San Mateo child custody attorneys at Schoenberg Family Law Group, P.C. are respectful of your needs and your priorities, and maintain a line of open communication and trust that can hopefully ease any stresses through the process.
If you would like to discuss your options for any matters in custody law, please contact us online or call us at (650) 761-9523 today for a consultation.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
