Are you looking for a family lawyer in Cupertino, CA?
At Schank Family Law, we are Cupertino family lawyers whose practice spans more than 20 years and includes recognition from Martindale-Hubbell.
Our Cupertino, CA family lawyer handles divorce, legal separation, custody, support, restraining orders, guardianship, and grandparent visitation matters for Cupertino families. Schank Family Law opened in 2003 and has handled family matters for California clients ever since. Our office is available to discuss the matter you are facing.
Family Lawyer Cupertino, CA
Where are Cupertino family law cases decided? They go to the county’s Superior Court and are heard by family judges in San Jose, while guardianships of minors are generally handled by the court’s probate department. A family law attorney advocates for one side in those proceedings, from the first filing through any changes requested after judgment.
About 62.3% of Cupertino residents age five and older speak a language other than English at home, according to Census language data. Family law matters involving relatives, records, or marriages abroad can raise jurisdiction and document questions that a purely local case would not. A Cupertino family lawyer identifies those issues at the start so the case is filed in the right place with the right records.
Types of Family Law Cases We Handle in Cupertino
Family law covers the formation, restructuring, and protection of families. Our Cupertino clients come to us for the following matters, often more than one at a time.
- Divorce. Cupertino spouses rely on us for both negotiated and litigated dissolutions, from the petition through judgment. The divorce case is usually where custody, support, and property are decided as well.
- Legal separation. Some spouses need court orders on property, support, and parenting without ending the marriage. We explain how a separation or divorce differs in each area before a petition is filed.
- Child custody and visitation. Married and unmarried parents seek orders on decision-making and residential time, and we guide them through mediation and, when necessary, a contested hearing. We also handle requests to establish parentage when that step comes first.
- Child support. Support follows California’s statewide guideline. Our clients include both the parent paying support and the parent receiving it, in initial orders and later modifications.
- Spousal support. Temporary support during the case and long-term support after judgment are both available. We address the income and standard of living evidence the court weighs.
- Property division. Homes, retirement savings, stock awards, and debts acquired during the marriage must be classified and divided, and separate property claims must be proven.
- Domestic violence restraining orders. Both the person requesting protection and the person served with a request need prepared evidence for the hearing, and we take cases on either side. Being aware of restraining order eligibility is the first step on either side.
- Guardianship of minors. When parents cannot care for a child, a grandparent, aunt, or family friend may need legal authority to enroll the child in school and consent to medical care. Our guardianship work is limited to minors, and adult conservatorships fall outside our practice.
- Grandparent visitation. California permits grandparent visitation only in limited circumstances, and we evaluate whether those circumstances exist before anything is filed.
- Interstate and international custody. When a parent lives elsewhere or a child has spent time abroad, we determine which court has authority and address travel and relocation terms.
Why Choose Schank Family Law as my Family Lawyer in Cupertino, CA?
Representation for Every Stage of a Family Law Case
Family law matters rarely end with a single order. We represent Cupertino clients at each point where legal help is needed:
- Before filing. Confirming jurisdiction, residency, and the right type of case, and gathering the records the case will require.
- During the case. Temporary orders, mediation, discovery, settlement negotiations, and trial when agreement is not possible.
- At judgment. Drafting terms specific enough to carry out and enforce.
- After judgment. Modifications as children grow or income changes, enforcement of existing orders, and move-away requests.
Because the firm has operated since 2003, clients who need a change years after their original case can return to the same office. That continuity matters when an older order has to be interpreted or enforced, since the history of the case is already familiar.
Meet the Firm’s Founder
Christian Schank was admitted to practice by the State of California in 2003, five years after his first work managing law firms. He graduated from the University of La Verne College of Law after studying at Brigham Young University. His Martindale-Hubbell AV peer rating was awarded in 2000, and his family law practice has been Lead Counsel Verified since 2015. Under his leadership, the firm handles the full range of family law matters described on this page.
Understanding Family Law Cases
What Are Important Aspects of a Family Law Case?
Several considerations come up regularly in Cupertino family law matters.
- Custody jurisdiction depends on where the child has lived, so a parent who moves with a child, or a child who recently arrived from abroad, may affect which court can hear the case
- Court filings must be in English, and documents such as foreign marriage certificates or judgments generally need certified translations before they can be used
- Temporary orders on custody, support, and the family home often set the pattern for the rest of the case
- A restraining order request can produce custody and support orders of its own, and the restraining order process moves on a faster timeline than a divorce
- A child who recently moved to California from another state may still fall under the other state’s authority for a period, and emergency orders are available only in limited situations
- A respondent served with a restraining order request has little time before the hearing, and defending against allegations depends on evidence gathered right away
What Is The Family Law Case Timeline?
Timelines vary widely by case type. A restraining order request can reach a hearing within weeks, and a temporary order may issue the same day the request is filed. A custody or support request in an existing case usually moves to mediation and a hearing within a few months. At least half a year must pass after service before a divorce judgment can take effect, and contested divorces often take longer.
Guardianship petitions follow their own track in the probate department, which typically involves notice to relatives, a court investigation, and a hearing before letters of guardianship are issued. After judgment, the timeline starts again whenever circumstances change. A parent planning to relocate should review the move-away questions that courts consider, and they should be aware of enforcement and support remedies.
What Should You Bring to Your Family Law Consultation?
The right documents depend on your matter, but most cases benefit from the following:
- Papers you have filed or received, including orders from another state or country
- Marriage certificates, birth certificates, and certified translations if the originals are in another language
- Your latest tax returns, pay records, and bank statements
- A timeline of where the children have lived over the past year
- Any messages, reports, or other records relevant to safety concerns
We will review the documents, identify the legal issues, and explain the realistic options for your case. You will leave the meeting knowing which court has authority and what the first filing should be. If a case is already underway, we will also identify any deadlines that are approaching.
Jurisdiction, Custody, Support, and Property Rules in California
Statewide rules govern every Cupertino case, whatever the issue.
- Home state jurisdiction. A California court can generally make initial custody orders when the child has resided here for the six months before the case starts, and the California Courts explain which state can decide when families live apart.
- Child’s best interest. Custody orders center on the child’s safety and welfare and the child’s relationship with each parent.
- Guideline support. Child support is set by a statewide formula based on income and parenting time.
- Community property. Whatever the spouses acquired or owed during the marriage is split evenly, and premarital or inherited property belongs to the spouse who holds it.
- Protective orders. A court can issue a domestic violence restraining order based on reasonable proof of past abuse, and the order can include temporary custody and support terms.
- Grandparent visitation. Grandparents may request visitation only under specific conditions, and grandparent visitation laws balance that request against the parents’ rights.
Cupertino Family Court and Local Resources
Family law hearings for Cupertino residents are held in San Jose, at the courthouse that serves the entire county. The county’s Department of Child Support Services lists the child support court locations where its cases are heard.
The Santa Clara County Library District, which operates the Cupertino Library, provides law and government resources for residents researching legal questions. Cupertino parents whose case involves the other parent’s move can find statewide information as well. The California Courts publish relocation guidance for parents who plan to move with a child and a guide to grandparent visitation mediation for families working through a visitation request. Each of these is a public resource with no connection to our firm.
Reach Out to Schank Family Law to Schedule a Consultation
Each family law case starts with the same question: which court can decide it, and on what issues. Contact us and briefly describe your situation. Our intake specialist will carry out a free case evaluation and let you know whether an attorney consultation is the right next step. We answer new inquiries quickly.
