Child Custody in a California High-Net-Worth Divorce

Any divorce can have complications and difficulties and be driven by nuance. High-net-worth divorces can be even more difficult to navigate. This is because high-net-worth marriages and divorces often involve issues and complex divisions that everyday divorces do not. Even experienced family law attorneys may stumble when faced with the complexities of a divorce encompassing the division of a multitude of assets, such as businesses, franchises, stock accounts, trusts, real estate, etc.

Fortunately, the experienced high-net-worth attorney at the Law Office of Bradley S. Sandler has extensive knowledge of what is required to get through a high-net-worth divorce and land in your optimal position at that finish line. But the way you optimize that end position has everything to do with how you start – the best first step you can take in your high-net-worth divorce is proper planning in anticipation of what is to come. This is particularly true in high-conflict areas of a divorce, such as the complexities inherent in child custody and child support.

Planning for Child Custody Issues

It is everyone’s hope that child support and custody issues are agreed upon quickly and amicably. While this is the hope, it is always prudent to understand what might be possible, to set realistic expectations of what to expect, and how to optimize quick resolutions. As is true in so much of life – failing to plan is planning to fail.

Three Scenarios

There are generally three potential paths a child custody case might take:

• Both parents quickly and peacefully agree on all necessary terms.
• There is some initial turbulence and back-and-forth debate, but eventually, the parents come to an agreement without requiring a court hearing.
• Parents are unable to come to an agreement on terms and require a court hearing, with final decisions being made by a family law judge after litigating the case.

If both sides resolve child custody and support issues outside of court, it saves the parties significant amounts of time and money. In addition to the time delay and additional cost, taking a case to court ultimately takes power away from the parties: final decision-making authority lies with the judge.

It is important to note that while there are advantages to settling some cases out of court, there are absolutely times when litigating a case via the authoritative power of the court is necessary. It is likely that even after beginning court proceedings, the parties will be allowed to come to a settlement agreement outside of court if they come to a mutual agreement.

Key Custody Questions to Ask

It is important to set realistic expectations of what custody can (and should) look like moving forward. With the ruling thought of doing what is truly in the best interest of the child, consider the following as you head into child custody negotiations:

What do both parents’ work and travel schedules look like?

Is your work schedule flexible? Do you often have to pull required overtime? Does your spouse often get pulled away on travel? Parents who realistically think through how actual custody would work are in a better position to propose a plan that will really work for all parties moving forward. 

Have you moved out of the house? Should you?

Every situation is different – but one important thing to think about is whether you have moved out or should move out of the family home. There are, of course, important and complex facets to consider. The right and best answer for a person experiencing domestic violence, for instance, may be different than what would best serve a person not experiencing domestic violence. However, one thing to consider is that if you move out of the family house and your spouse remains there with your children, it creates a situation where your spouse could gatekeep the kids more easily. An experienced attorney can help you strategize ways to establish consistent contact. Contact our office to learn more.

Contact the Law Office of Bradley S. Sandler

The experienced high net-worth attorney at the Law Office of Bradley S. Sandler can help you navigate through every nuance and complexity of a high asset or high net-worth divorce. Contact our office today to begin discussing your own case.

Sources

https://selfhelp.courts.ca.gov/child-custody

https://www.businessinsider.com/grimes-elon-musk-custody-battle-complete-timeline-2023-12