Riverside Divorce Lawyer
Representing Individuals in San Bernardino, Riverside, and Los Angeles Counties
Frank J. Prainito has more than 20 years of experience in all types of family law cases to help you win on the most complex divorce, custody, property rights, and support cases regardless of the courthouse. We have been highly successful in San Bernardino, Riverside, and Los Angeles Counties and know the judges. As a result most of our business is referrals from happy clients and much is from other law professional law firms.
Experience Makes a Difference in Your Outcome
As an experienced, result-oriented divorce lawyer serving people in Riverside and the surrounding areas, I will never let surprise roadblocks get in the way of helping you achieve the outcome that are expecting. My law firm has a proven track record in handling complex cases including but not limited to highly contested custody battles, division of personal and business property, setting aside poorly written or one sided judgments, and modifications of child custody, child support and spousal support. We understand the trauma and frustrations you're experiencing during these difficult times and promise to give you sound advice and expert counseling that will ease your fears and frustrations as we work toward a successful legal conclusion.
Whether you are looking to protect your estate, have a loved one that is in need of a conservator or guardian or are in the midst of a complex contested probate matter, we can assist you. I have drafted hundreds of living trusts, wills and other estate planning documents to protect the assets of the estate and have also handled complex probate issues including probating estates, contested wills, conservatorship, guardianship and elder law cases.
Divorce & Family Law
Going through a divorce is one of the most stressful experiences you will ever experience in your lifetime. It can impede your ability to make sound and rational decisions that will affect your entire life and the lives of your children. Do not rush to enter into agreements in order to try to appease the other party without first consulting with an experienced Riverside divorce attorney. Once you enter into an agreement, it may be very difficult to set it aside to make things right again. An experienced family law attorney can help you navigate through all aspects of a divorce and help reduce the emotional volatility which leads to making the wrong choices.
Child Custody & Child Support
As you might know, the person who is awarded primary custody of the children usually ends up receiving the monetary rewards. In the State of California, the courts must consider granting both parties equal custody of the children unless there is some clear detriment in not doing so. It is important that good custody orders be made early on in the proceedings as they will generally end up being written into the final judgment making them very hard to change later.
It is extremely important that dads continue to emotionally bond with their children throughout the child’s lifetime. The state has said “it is in the children’s best interest” to have the love and affection of both parents . . . and each parent should have as much equal time as possible they may offer the child their own unique qualities and experiences. While a step-parent may play a role in the child’s life, they cannot replace the natural parents lifetime of bonding and continued nurturing in the same way a genetic parent can. As a divorce lawyer in Riverside, I understand the importance of preserving that relationship.
Alimony in a marriage of long duration can be awarded to the party that can prove a financial need. However, it is not guaranteed and can be waived if the waiver is done properly. Once support is established it may be modified or terminated based on circumstances at that time. I can run calculations for support in my office and provide people in Riverside, San Bernardino, and Los Angeles Counties with a good understanding as to how support works and why it is important that support orders be properly written for the protection of each party.
The legal relationship between a father and his biological or adopted children and the rights and obligations of the father and the child to each other, as the divorce attorney at our Riverside firm understands. Paternity may become a Department of Child Support Services issue where a state is seeking repayment of welfare benefits, establishing new child support and/or collection of past due support or arrears. However, paternity may also be brought to establish custody and visitation orders, prove legitimacy of a child, inheritance, or to add a putative father’s title or surname to a birth certificate.
While all orders are modifiable before entering a final judgment, post-judgment modifications may be much more difficult as the court will apply the significant change of circumstance rule as a prerequisite before even considering any changes. However, no change of circumstances may be needed if the party is seeking only to alter a co-parenting schedule (the amount of time the child spends in each parent’s household) under a joint custody order. The only standard the moving parent must meet in such cases is the child’s best interest standard. It is advisable to set up a consultation with a Riverside Divorce Lawyer to review your judgment prior to applying to the court for a modification. It may end up saving you time, money and frustration later.
I have been fighting on behalf of grandparents for more than 20 years to ensure they remain a part of their grandchildren’s life. Children are already suffering when parents divorce and it is not right that they might not continue a relationship with their grandparents because one or both parents are denying them visits. In some cases, one parent may be deceased, in prison, or found to be unfit to parent and has no custodial time to share with the grandparents. Under the current law, the court’s are mandated to consider “best interest of the grandchildren” after a pre-existing and beneficial relationship has been established. As a divorce lawyer serving the Riverside area, I have helped many grandparents obtain visitation orders and very likely can help you.
Probating an estate is the legal process of transferring property upon a person’s death to other person(s) whom may have a legitimate interest in such property, by finding the intentions of the deceased person. In many cases this involves proving the legitimacy of a Will and Last Testament of which is filed with the court. In some cases there may be no Will documents and the estate might be divided by intestate succession. I have litigated many cases where the Will was challenged by another interested person. The process can be lengthy taking at least six months before the estate can be divided and will require a probate accounting. However, there are three primary ways to avoid probate: joint ownership with the right of survivorship, gifts, and revocable trusts. I am experienced in all areas of probate and the tools needed to avoid probate. I am also experienced at will contests, trust contests, accountings, and negotiation with creditors. It is recommended you not attempt to probate an estate without professional help.
A conservatorship is a legal concept wherefrom a conservatee or guardian is appointed by a judge to manage the daily and/or financial affairs of another person whom is found to be incompetent due to some physical or mental limitation, or old age. The court may grant different types of conservatorship including limited conservatorship where a responsible person gains orders and letters to assist an adult with developmental disabilities to assist with a person’s personal and/or financial needs. Conservators can be reimbursed for expenses, and paid for their services, from the assets of the person they are giving care. This includes the costs of bringing the conservatorship to the courts including reimbursement for attorney fees and other expenses. If you have been pre-nominated or if you believe a loved one is in need of a conservatorship, you may wish to call my office for a consultation and review before another person or even the public guardian gets involved with your loved ones life.
Guardianship is a proceeding where a court orders someone other than the child’s parents to have custody of a child(ren) or to manage a child’s property. The person who gains letters and orders of guardianship over the child has legal authority to manage every aspect of the child’s life including who can and cannot have contact with the child. In some cases, the guardianship may be limited to financial affairs only or a person may be appointed temporary guardian for a period of time until a final determination may be made. A guardian like a conservator may be “nominated” in advance by a child’s parents in a legal document such as a will. Please contact my office for a complete review of your specific need and detailed review.
A pre-nuptial agreement is a binding contract and enforceable in the State of California and other states if it is drafted properly. It becomes effective upon the marriage and continues in full force and effect for as long as the contract exists and can be drafted with limitations in how long it will remain in force, which property and/or rights will be affected, what remains community property, and can be drafted to eliminate all presumptions under state law. A good pre-nuptial agreement should include marital law and presumptions under law and clearly define how the parties by the contract agree to have their estate divided in the event of a divorce. It should be reviewed by a practicing divorce attorney in Riverside who is familiar with such agreements. [Family Code Sections 1610-1617].
Wills & Trusts
A will is a legal document that basically does four things: (1) It gives instructions and wishes as to how you wish your estate to be divided after your death; (2) it names the beneficiaries whom you wish to benefit from your assets at the time of your death; (3) it allows you to choose an executor to manage and distribute your assets; and (4) it allows you to nominate a guardian to care for your children if you die while they are still minors.
A trust goes even further as it allows you to transfer title of property you own now or will own in the future to a separate yet still owned and controlled legal entity called “the trust of . . . ” which allows you to transfer property to and from that trust for an unlimited amount of time until the trust becomes irrevocable. It avoids probate court if the documents are properly drafted and title of property is properly recorded. It allows your successor trustee to directly transfer property to your beneficiary or to a guardian to hold the property until that beneficiary becomes of legal age. I have experience in drafting a variety of trust documents including, but not limited to, second marriage trusts, family trusts, single person trusts, significant other trusts, and other special interest trusts based on your individual needs.
Elder Law is a specialized area of law affecting persons sixty-five years of age or older to receive special protection based on state-wide presumptions. It can be applied to reverse unwanted contracts, protect assets, and provide planning for long term care and finances. Three major categories that make up elder law are Estate Planning, Medical Disability, and Conservatorship law, but also concerns elder abuse as well as remedies and punishments for the perpetrators.
Let's Get Acquainted
Call my office to schedule a consultation at which time I will personally meet with you and thoroughly review the issues at hand. Every case is unique and I want to be familiar with every detail pertaining to your particular situation. You can be assured intensive attention will be given to all of the crucial details in order to help achieve the outcomes that are important to you. I can represent people who need a divorce attorney in the Riverside area or elsewhere in Southern California, including in Riverside, San Bernardino, and Los Angeles Counties.