Family Lawyer San Bernardino, CA
Family law covers a lot of ground, including divorce, custody arrangements, spousal support, guardianship petitions and other domestic issues. Each area involves its own rules, procedures, and considerations.
If you’re dealing with any of these matters in San Bernardino County, a San Bernardino, CA family lawyer can help you understand what California law provides and how local courts handle these cases. Schank Family Law has worked with families across the Inland Empire for more than 20 years. We handle the full range of family law issues, from straightforward uncontested divorces to complex custody disputes requiring litigation.
Why Choose Schank Family Law for Your San Bernardino Family Law Matter?
Family Law Is All We Do
Christian L. Schank founded this firm in 2003 with a clear direction: practice family law exclusively. He earned his J.D. from the University of La Verne College of Law after completing undergraduate work at Brigham Young University. Martindale-Hubbell awarded him an AV Rating in 2000, their highest designation for professional excellence and ethical standards. He also carries Lead Counsel Verified status for family law.
Twenty years of concentrated practice has given our attorneys deep familiarity with California family law and the specific procedures used in San Bernardino County courts. We’ve handled thousands of cases involving divorce, custody, support, property division, restraining orders, and guardianship matters. That volume of experience informs how we approach each new case.
Our attorneys have secured substantial results for clients, including a $22,000 monthly temporary spousal support award following careful financial preparation. When opposing parties ignore court orders, we pursue enforcement aggressively. One case resulted in 95 separate contempt counts against a party who refused to comply with custody arrangements.
Communication Throughout Your Case
Family law cases often stretch across many months. During that time, you deserve to know what’s happening and why. We explain strategy in plain terms, return phone calls promptly, and let you know when something significant develops rather than leaving you to wonder.
Divorce and custody disputes create enough stress on their own. Wondering whether your attorney remembers your case shouldn’t add to that burden.
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“My Attorney Thomas Allison and his paralegal Miykael were on top of everything. Communication was thorough and responded in a timely manner. My attorney never missed a hearing and always answered all my questions. The investment was worth it in my family law case. God placed me in the hands of the right person to represent me.” — Erika Salazar
Read more reviews on our Google Business Profile.
Family Law Matters We Handle in San Bernardino
Our attorneys work across the full spectrum of family law issues. Here’s what we handle regularly.
- Divorce. Whether you and your spouse agree on most issues or disagree on everything, we guide you through property division, support questions, and custody arrangements. California treats marriage as an economic partnership, which means dividing assets and debts acquired during the marriage equally.
- Child Custody. Custody disputes carry emotional weight that other family law matters don’t match. We help parents establish initial custody orders, modify existing arrangements when circumstances change, and enforce orders when one parent refuses to follow them.
- Child Support. California calculates support using a guideline formula, but that formula requires accurate information about both parents’ incomes and custodial time. We make sure calculations reflect actual circumstances rather than incomplete or inaccurate data.
- Spousal Support. Support disputes can involve substantial amounts over many years. We represent both people seeking support and those responding to support requests, analyzing the 14 factors California law requires judges to consider.
- Restraining Orders. We help people obtain protection when they need it. We also represent individuals responding to allegations, since restraining orders affect custody, firearm rights, and housing.
- Guardianship. When children cannot live with their parents due to illness, incarceration, substance issues, or other circumstances, we help relatives obtain legal authority to provide care.
- High Net Worth Divorce. Dividing a business, stock options, retirement accounts, or multiple properties requires careful analysis. We work with forensic accountants and valuation professionals when circumstances call for that level of attention.
California Family Law Basics
Different family law matters involve different legal requirements. Understanding what California law provides helps set realistic expectations.
Filing for Divorce in California
California requires at least one spouse to have lived in the state for six months and in the filing county for at least three months before starting a divorce. Family Code Section 2320 establishes these residency thresholds. People who haven’t met them can sometimes file for legal separation as an alternative.
California allows no-fault divorce. Neither spouse must prove the other did something wrong. The petition simply states that irreconcilable differences have broken down the marriage. A mandatory six-month waiting period runs from when papers are served until the divorce can become final, though most cases take longer because resolving property and custody issues requires time.
Understanding the steps in a California divorce helps clients anticipate what comes next at each stage.
How Judges Decide Custody
California courts base custody decisions on what serves the best interest of the child. Family Code Section 3011 identifies specific factors judges must weigh, including each child’s health and safety, how much contact the child has had with each parent, and whether either parent has a history of abuse.
State policy under Family Code Section 3020 favors arrangements that let children maintain relationships with both parents when that serves their welfare. Courts distinguish between legal custody, which covers who makes major decisions about a child’s life, and physical custody, which determines where the child actually lives.
Dividing Property
California follows community property rules. Family Code Section 2550 requires courts to divide community property equally, which typically means a 50/50 split of assets and debts acquired during the marriage. Property owned before the marriage, or received as a gift or inheritance during it, generally remains with the spouse who owns it.
Understanding how community property interacts with support helps clients see how different aspects of their case connect.
The California Courts website provides general information about divorce procedures and required forms.
What to Know About Family Law in San Bernardino County
A Large County With Multiple Courthouses
San Bernardino County covers more square miles than any other county in the United States. Family law cases get heard at different courthouses depending on where you live. The main Family Law Division operates from the San Bernardino District courthouse on North Arrowhead Avenue, but cases may also be assigned to Victorville, Joshua Tree, Rancho Cucamonga, or other locations.
Attorneys who appear regularly in San Bernardino County courts understand how the local system operates, which procedures matter most, and how different judges tend to approach various issues.
Mandatory Custody Mediation
Before any contested custody hearing in San Bernardino County, parents must attempt mediation through Family Court Services. Both parents attend an orientation session, then meet with a mediator who works toward agreement on disputed issues. When parents cannot reach agreement, the mediator may provide recommendations to the judge.
Those recommendations often carry significant weight in the court’s final decision. Preparing properly for mediation matters because what happens in that session frequently shapes outcomes.
Creating a parenting plan that actually works requires thinking through schedules, transitions, holidays, and procedures for handling disagreements before they arise.
Temporary Orders
Family law cases can take many months to resolve. Courts issue temporary orders to address immediate needs during that period. These orders can establish where children will live, how much support gets paid, and which spouse handles which financial obligations while the case proceeds.
Obtaining appropriate temporary orders helps stabilize circumstances during what is often a period of significant transition and uncertainty.
Settlement Versus Trial
Most family law cases settle without trial. Settlement gives both parties more control over outcomes and usually costs less than litigating every dispute. But when the other side refuses to negotiate reasonably or takes positions that don’t reflect the facts, trial becomes necessary.
We prepare every case with trial in mind, even while pursuing settlement. That preparation strengthens the negotiating position regardless of which path the case ultimately takes.
Financial preparation before filing helps clients enter the process with documentation organized and a clear picture of marital assets and debts.
Contact Schank Family Law
If you’re facing a family law matter in San Bernardino County, Schank Family Law offers free consultations. We will sit down with you, learn about your situation, explain how California law applies, and give you an honest assessment of your options. Family law is our only practice area. We bring focused experience to every case we handle. Contact us today to schedule your case evaluation.
What Steps Should I Take for a Family Law Case in San Bernardino?
If you are facing a family law matter in San Bernardino, CA, taking the right steps before filing or responding to a petition affects everything that follows. Family law cases involve deadlines, financial disclosures, and procedural requirements that reward preparation.
- Identify the type of case you are dealing with. Divorce, paternity, custody modification, guardianship, and restraining orders each follow different procedures. The forms, filing fees, and timelines differ depending on the case type, and filing the wrong paperwork causes delays.
- Gather financial records. Tax returns, pay stubs, bank statements, retirement account statements, mortgage documents, credit card statements. California requires both parties in a divorce to exchange complete financial disclosures, and having your records organized before filing saves time and money.
- Determine which San Bernardino County courthouse handles your case. The county spans over 20,000 square miles and operates multiple courthouses. Your case will be assigned to a specific location based on where the parties reside. Filing at the wrong courthouse delays proceedings.
- Understand California’s residency requirements. For divorce, at least one spouse must have lived in California for six months and in San Bernardino County for three months before filing. Custody and paternity cases have different jurisdictional rules tied to where the children have lived.
- Assess whether you need temporary orders. If you need immediate arrangements for custody, support, or protection while the full case proceeds, temporary orders can be requested early in the process. These orders establish the status quo until the court issues final judgment.
- Consider whether your case can settle or will require litigation. Most family law disputes in San Bernardino County resolve through negotiation or mediation. Settlement is typically faster and less expensive than trial, but some cases require litigation when one party refuses to negotiate in good faith.
- Consult a family law attorney. An initial consultation helps you understand what California law provides in your specific situation, what outcomes are realistic, and what the process will look like from start to finish.
- Avoid making major financial changes. Once a divorce or separation is filed, California imposes automatic temporary restraining orders (ATROs) that prevent both parties from hiding assets, canceling insurance, or making unusual transfers. Making these moves before filing can damage your credibility with the court.
- Document your involvement with your children. If custody will be at issue, maintaining a record of your parenting involvement strengthens your position in custody proceedings.
- Prepare for the timeline. A contested divorce in San Bernardino County can take six months to well over a year. Understanding that timeline helps you make better decisions rather than rushing to resolve issues prematurely.
Family Law Statistics in San Bernardino
San Bernardino County is one of the busiest family law jurisdictions in California. With a population exceeding 2.2 million, the county processes thousands of divorce, custody, paternity, and guardianship filings each year across its multiple courthouse locations.
According to the U.S. Census Bureau, the median household income in San Bernardino County is approximately $85,000. Income levels directly affect family law calculations for both child support and spousal support, and the county’s cost of living plays a significant role in how courts assess financial need and ability to pay.
California’s Judicial Council publishes annual court statistics showing that family law cases consistently represent one of the largest categories of civil filings statewide. Under Family Code Section 2100, California imposes a duty of full disclosure on both parties in a divorce, requiring complete transparency about all assets, debts, income, and expenses. Failure to disclose can result in sanctions, including awarding the hidden assets entirely to the other spouse.
San Bernardino County’s Family Court Services division provides mandatory custody mediation, orientation classes, and other services designed to help families resolve disputes. The county also maintains a Self-Help Resource Center that assists self-represented litigants with forms and basic procedural questions.
San Bernardino Family Infographic
San Bernardino Family Lawyer FAQs
How much does a family lawyer cost in San Bernardino?
Family law attorneys in San Bernardino generally work on a retainer basis. You pay an upfront retainer that goes into a trust account, and the attorney bills against it hourly as work is performed. Costs vary widely depending on case complexity and whether the matter settles or goes to trial.
How long does a divorce take in San Bernardino County?
California imposes a minimum six-month waiting period from the date of service. An uncontested divorce where both parties agree on all issues can finalize shortly after that period. Contested cases involving disputes over custody, support, or property typically take longer, sometimes a year or more.
Do I need a lawyer for a custody dispute?
You are not legally required to have representation. But custody outcomes affect your relationship with your children for years. A family attorney in San Bernardino understands local mediation procedures, how specific judges approach custody issues, and what evidence matters most.
What is the difference between legal separation and divorce?
Legal separation resolves the same issues as divorce, including custody, support, and property division, but leaves the marriage legally intact. Some couples choose legal separation for religious reasons, to preserve insurance benefits, or because they haven’t met California’s residency requirements for divorce.
Can I modify a custody or support order after the divorce?
Yes. Either party can request modification if there has been a material change in circumstances. Job loss, relocation, changes in the children’s needs, or a former spouse’s failure to become self-supporting can all justify revisiting existing orders. The court evaluates whether the change is significant enough to warrant a new order.
What happens during mandatory mediation?
San Bernardino County requires parents with contested custody issues to attend mediation through Family Court Services before the court will hold a hearing. Both parents meet with a counselor who attempts to facilitate agreement. If no agreement is reached, the counselor may issue recommendations that the judge considers at the hearing.
How is child support calculated in California?
California uses a guideline formula that factors in both parents’ gross incomes, the percentage of custodial time each parent has, tax filing status, and certain allowable deductions. The calculation produces a presumptive amount that courts can adjust upward or downward in limited circumstances.
What are automatic temporary restraining orders?
When a divorce petition is filed, both parties become subject to ATROs that prevent transferring, hiding, or dissipating assets; canceling insurance covering the other spouse or children; and changing beneficiaries on retirement accounts or life insurance. These orders take effect automatically and remain in place until the case concludes.
Can grandparents get custody or visitation?
Under limited circumstances, yes. California law allows grandparents to petition for visitation when it serves the child’s best interests and the grandparent had a preexisting relationship with the child. A San Bernardino grandparents rights petition requires meeting specific statutory requirements.
What if my spouse hides assets during divorce?
California’s mandatory disclosure rules require both parties to reveal all assets and debts. If you suspect your spouse is hiding assets, we can conduct formal discovery, subpoena financial records, and retain forensic accountants to trace hidden property.
Do fathers and mothers have equal custody rights?
Yes. California law explicitly prohibits gender-based preferences in custody determinations. Both parents start from the same legal position, and courts evaluate each parent based on the same factors. A San Bernardino fathers rights case follows the same statutory framework as any other custody matter.
What is a Gavron warning?
A court order directed at a supported spouse informing them that they are expected to make reasonable efforts to become self-supporting. Failure to do so may result in reduced or terminated spousal support at a future modification hearing.
Can domestic violence affect my family law case?
Significantly. A finding of domestic violence creates a presumption against custody for the abusive parent, can affect spousal support calculations, and may result in restraining order provisions that restrict contact, housing, and firearm possession.
How do I enforce a court order my ex is violating?
You can file a contempt motion asking the court to hold the non-compliant party in contempt. Remedies include fines, makeup parenting time, wage garnishment for unpaid support, and in serious cases, jail time.
Should I try DIY divorce or hire an attorney?
If you and your spouse agree on everything, own minimal property, and have no children, an uncontested divorce without an attorney may work. For anything more complex, mistakes in paperwork, missed deadlines, or poorly drafted agreements can create problems that cost more to fix later than an attorney would have cost upfront. Courts reject improperly filed paperwork regularly.
What to Expect From Our Family Law Services
Every case begins with a free case evaluation where our intake specialists review your situation and determine next steps. If a paid consultation with an attorney is warranted, we schedule that promptly.
Founding attorney Christian Schank has practiced family law exclusively since 2003 and built a firm with attorneys who bring diverse backgrounds to the work. Neelam Kahlon-Pfister has over 12 years as a family law litigator handling high-asset divorces and contested custody matters throughout the county. Dr. Thomas Allison brings extensive trial experience and has conducted hundreds of hearings across multiple family law areas. The attorney assigned to your case will depend on the nature and complexity of your matter.
Whether your case involves a straightforward dissolution, a contested custody dispute, a support modification, or a guardianship petition, we build the factual record that drives outcomes. We prepare clients for mediation, handle discovery and depositions, negotiate settlements, and litigate through trial when settlement is not achievable.
What Are Important Local Resources for San Bernardino Family Law?
Individuals involved in family law matters in San Bernardino have access to several government and community resources at different stages of the process.
- San Bernardino County Superior Court – Family Law Division – (909) 521-3136
- San Bernardino County Family Court Services – (909) 521-3180
- San Bernardino County Self-Help Center – Free assistance with forms and procedures
- San Bernardino County Department of Child Support Services – (866) 901-3212
- San Bernardino County Children and Family Services – (909) 388-0242
Schank Family Law does not endorse and is not affiliated with any of the organizations listed above. This information is provided as a public resource and may change without notice.
Schank Family Law – San Bernardino Family Lawyers
454 N Arrowhead Ave B
San Bernardino, CA 92401
