Are you looking for a family lawyer in Campbell, CA?
At Schank Family Law, our Campbell family lawyers handle parentage, custody, and protective order cases along with divorce.
Our Campbell, CA family lawyer represents parents, grandparents, and other relatives in parentage, custody, support, restraining order, guardianship, and divorce matters. The firm has devoted its practice to family law since 2003, and new inquiries receive a prompt response.
Family Lawyer Campbell, CA
Does family law apply to families that were never married? It does. Parentage, custody, support, protective orders, and guardianship are all decided in family court whether or not the adults involved were ever married. A family law attorney identifies which type of case fits the family’s situation and represents one party through it, from the opening petition to any later request to change the orders.
Married-couple households make up 48% of Campbell’s 17,530 households, according to Bay Area Census data. The remaining households include unmarried partners, single parents, relatives living together, and people living alone, and several of those arrangements have family law procedures of their own. A Campbell family lawyer matches each situation to the correct filing.
Types of Family Law Cases We Handle in Campbell
Family law cases in Campbell begin in different ways depending on how the family is structured. We represent clients in each of the following areas.
- Divorce. Married spouses resolve property, support, and parenting within the dissolution. We handle both agreed and contested cases.
- Parentage. Unmarried parents may need a court judgment when no voluntary declaration was signed or when parentage is disputed. Methods for establishing paternity include a signed declaration, genetic testing, and a court judgment.
- Custody and support between unmarried parents. Once parentage is settled, parents file a separate petition for custody and support. We prepare that petition or the response to it.
- Domestic violence restraining orders. Protection is available to people in qualifying relationships, including spouses, dating partners, co-parents, and close relatives. We represent both people requesting orders and people responding to them.
- Emergency custody. Emergency custody orders can be issued within a restraining order case when a child’s safety is at immediate risk.
- Guardianship of minors. A relative or trusted adult raising a child may need legal authority for school enrollment and medical consent. We limit our guardianship work to minors.
- Grandparent visitation. California allows grandparent visitation requests only in limited circumstances, and grandparent rights are weighed against the parents’ authority over the child.
- Custody modifications. A final custody order changes only when circumstances justify it, and custody modifications require evidence of what has changed.
- Move-away requests. A parent who plans to relocate with a child generally needs the other parent’s agreement or a court order first.
- Legal separation. Married spouses who choose not to end the marriage can still have the court divide property and set support and parenting terms.
Why Choose Schank Family Law as my Family Lawyer in Campbell, CA?
Family Law Matters Beyond Divorce
Many family law questions arise outside a divorce. Unmarried parents need parentage and custody orders, grandparents may need visitation or guardianship, and a restraining order can include temporary custody terms the day it issues. Each of these follows its own forms, deadlines, and evidentiary rules, and several can be pending at the same time for one family. Coordinating them avoids conflicting orders from different departments of the same court. When a new issue arises years after an earlier case, the existing file, orders, and history are already familiar to our office, which shortens the time needed to prepare a request. We handle the full range, which means a family that starts with a parentage case and later needs a modification or a protective order can stay with the same office. Our attorneys also know how these case types interact, such as when a restraining order filed in one case affects custody orders issued in another.
About Christian Schank
Christian Schank leads the firm. His background includes:
- California license: issued June 2003
- Prior experience: managing law firms starting in 1998
- Peer rating: Martindale-Hubbell AV, first awarded in 2000
- Verification: family law listing verified by Lead Counsel in 2015
- Education: Brigham Young University undergraduate studies; law degree, University of La Verne College of Law
Understanding Family Law Cases
What Is The Family Law Case Timeline?
Each type of family case follows its own schedule. Restraining order requests move fastest: a temporary order may issue on the filing date, followed by a hearing within a few weeks. A parentage case begins with a petition and summons, and custody or support requests within it usually go to county mediation before a hearing. Guardianships of minors involve notice to relatives and a court investigation before the judge rules.
Parents who already have a parentage declaration or judgment move more quickly, because a custody and support petition can be filed without first litigating who the parents are. After final orders are entered, the case stays open for enforcement and for modifications when circumstances change. A parent seeking a change files a request in the existing case rather than starting over, and custody changes typically return to mediation before any hearing. Orders that set written communication rules and consistent routines support successful co-parenting after the case ends.
What Should You Bring to Your Family Law Consultation?
Different family cases call for different records. Bring whatever applies to your situation:
- Birth certificates and any voluntary declaration of parentage
- Existing orders from family, probate, or juvenile court
- Police reports, protective orders, or messages relevant to safety concerns
- Income records for both parents, if support is at issue
- School enrollment or medical records showing who has been caring for the child
- Any written agreements between the parents or with relatives about the child’s care
We will identify the correct type of case, explain the legal standard that applies, and outline the likely sequence of hearings. By the end, the first filing and its timing will be settled. If a hearing is already scheduled, we will focus first on what must be filed before that date.
Parentage, Custody, and Protective Order Rules in California
California applies consistent rules across these case types:
- Parentage. A valid voluntary declaration of parentage is treated like a judgment, and without one, parentage must be established before custody or support orders can issue.
- Custody. Orders are based on the child’s best interest, and the same standard applies to married and unmarried parents.
- Support. Child support follows the statewide guideline regardless of whether the parents were married.
- Protective orders. A domestic violence restraining order can include temporary custody, visitation, and support terms, and the restraining order process begins with a temporary order and ends with a noticed hearing.
- Relocation. A parent’s ability to change a child’s residence is subject to the court’s power to prevent a move that would harm the child, and moves under joint custody are reviewed under the best-interest standard.
- Guardianship. A guardian of a minor receives legal authority over the child’s care, and the parents’ rights are suspended rather than terminated while the guardianship lasts.
What Are Important Aspects of a Family Law Case?
The type of case filed determines what the court can order. A restraining order case can address custody on a temporary basis, but long-term custody between unmarried parents is resolved in a parentage or custody petition. Filing in the wrong type of case, or in the wrong order, can delay relief.
School arrangements often become part of these cases. Campbell Union School District’s school registration requirements call for recent proof of address in a parent’s or guardian’s name, and families living with relatives complete a separate residency declaration. Those rules matter when a custody or guardianship order determines where a child lives and who can enroll the child. A guardian’s letters of guardianship, or a custody order naming the parent with whom the child resides, are the documents schools typically rely on when questions arise.
Relocation disputes arise in these cases as well. When a parent plans to move with a child, the move itself often becomes the contested issue, and the court looks at the child’s bond with each parent, the reasons for the move, and the distance involved. Raising the issue before the move, rather than after, keeps both parents’ options open.
Relatives who step in to care for a child also face practical questions about legal authority. Without a guardianship or custody order, a grandparent or other relative may be unable to consent to medical care or make school decisions, which is often the reason these cases are filed.
Campbell Family Court and Local Resources
Campbell family cases are heard by the family judges of the Santa Clara County court system in San Jose. The court’s self-help center provides forms assistance to self-represented parties, and it serves residents of every city in the county. Guardianships of minors are heard in the court’s probate division instead. The City of Campbell’s social services programs include domestic violence shelter and counseling providers, shared housing assistance, and legal services for older adults. Local shelter and counseling providers can also help a person seeking protection plan for safety while a restraining order request is prepared. The city and the court are separate from Schank Family Law.
Reach Out to Schank Family Law to Schedule a Consultation
Choosing the right type of filing is the first decision in any family law matter. Contact us and share a brief summary of your family’s situation. Our intake specialist will provide a free case evaluation, then recommend whether an attorney meeting makes sense as the next step.