Redlands Family Law Attorney
Richard E. Bawden
State Certified Family Law Specialist

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. ; Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

If you or a loved one needs the help of an experienced Redlands Family Law attorney, call Richard E. Bawden today at 866-251-9697, or complete the contact form provided on this site to schedule a consultation.

In Self-help Services, our legal staff will provide the expertise to allow some clients to represent themselves in a family law proceeding. This is often referred to as ‘unbundled legal services.’

What is an ‘unbundled legal service’?
"Unbundled legal services" is a way of describing how attorneys can represent clients in a limited manner. Essentially it breaks down the multiple roles an attorney plays into a smaller, simpler group of tasks.

California State has adopted so-called "unbundling" rules permitting people to represent themselves in court without an attorney (referred to as "pro se") while still permitting attorneys to perform certain tasks for the client. The new rules are intended to help people receive the benefit of legal advice in the drafting of documents and preparation of their cases without the necessity of paying an attorney to appear in court on their behalf, unless they make specific arrangements to do so.

Unbundled Services include:

• Advice about availability of alternative means to resolving the dispute, including mediation and arbitration.
• Evaluation of clients’ self-diagnosis of the case and advising client about legal rights.
• Guidance and procedural information for filing or serving documents.
• Reviewing correspondence and court documents.
• Preparing and/or suggesting documents to be prepared.
• Factual investigation: contacting witnesses, public record searches, in-depth interview of client.
• Legal research and analysis.
• Discovery: interrogatories, depositions, requests for document production.
• Planning for negotiations.
• Planning for court appearances made by client.
• Backup and trouble-shooting during the trial.
• Referring client to other counsel and to other experts .
• Counseling client about possible appeal.

If you or a loved one needs the help of an experienced Redlands Family Law attorney, call Richard E. Bawden today at 866-251-9697, or complete the contact form provided on this site to schedule a consultation.

If you or a loved one needs the help of an experienced Redlands Family Law attorney, call Richard E. Bawden today at 866-251-9697, or complete the contact form provided on this site to schedule a consultation.

ADDRESS OF THE FIRM:
Law Offices of Richard E. Bawden
300 E State Street, Suite 430
Redlands, CA 92373
Phone: 866-251-9697
Hours: M-F, 8:30AM-5:00PM

MEMBERS OF THE FIRM:

Attorney Richard E. Bawden

• Jurisdictions: Attorney is licensed in California
• Admitted to the Bar: California, Bar No.52204; United States District Court (Central and Northern Districts of California); United States Court of Appeals, 9th Circuit
• Colleges Attended, Degree: UCSB, B.A., Political Science; University of Oregon, J.D., 
• Professional Memberships & Achievements: State of California Certified Family Law Specialist; San Bernardino County Bar Association: President (1992-1993), Board of Directors (1989-1994); Continuing Education Committee Chairman (1982-1983); Medical-Legal Committee Chairman (1985-1986); Legal Aid Volunteer -Redlands Clinic (1996 to present); Judge Pro-Tem - San Bernardino Superior and Municipal Courts (1983 to present); Associate, American Board of Trial Advocates (2002-2005)
• Community Service: Kiwanis - Redlands Noon President (2001-2002); Redlands YMCA Board of Directors (1987-1989); Salvation Army, Redlands, Corps., Advisory Board (1983 -1995); Shelter Homes of Redlands, Inc. Director (1983-1986); Redlands Chamber of Commerce -member since 1983; Boy Scouts of America -Inland Empire Council- Committee Member (1989 to 1999); Redlands AYSO - Coach (1983-1995); Redlands Baseball for Youth - Coach; East Valley United Way, Admissions and Allocations (1998 - 1999); Redlands Community Baccalaureate Committee ( 1998 - 2001); C.S. Lewis Foundation, Trustee (2004 - present)
• Board Certifications: State-certified Family Law Specialist, California

Mary Trent

As head paralegal, Mary Trent adds to the expertise offered by the Law Offices of Richard E. Bawden with over 28 years of legal experience to assist family law clients. Mary supervises all paralegals and directs additional clerical staff to support the legal team for Attorney Bawden.

Anne Petrero

Anne Petrero loves family law and has decided to specialize in this area as a career choice. Anne is conscientious with a genuine concern for clients. Organized and efficient, Attorney Bawden is delighted to add Anne to his firm's legal staff.

Mary Bawden

Several years ago, Mary Bawden joined her husband Richard to serve as the office manager at his firm. Mary has a BA degree in English and history including a California State Secondary and Community College Teaching Credential. She also holds a Master of Arts degree. Her educational base serves as a strong support to her administrative talents.