Frequently Asked Questions

Scharf Law, P.C. is a multi-practice firm focused on Family Law (divorce, child custody, support, restraining orders, prenuptial agreements, adoption, parentage, and property division), Juvenile Dependency (CPS defense and dependency-court representation), Estate Planning (revocable living trusts and powers of attorney), and probate Guardianships & Conservatorships. We do not handle estate probate of decedents.

Sacramento County, Placer County, El Dorado County, and Amador County. Our office is at 2330 E Bidwell St, Suite 110, Folsom, CA 95630.

No. Initial consultations at Scharf Law, P.C. are paid meetings with the attorney, scheduled by appointment; the fee is quoted when you book. Call (916) 782-3900 or use the contact form to request a time.

We aim to respond within one business day. If your matter is time-sensitive (for example, CPS has contacted you, you have a hearing coming up, or you have just been served with court papers), please call the office directly at (916) 782-3900.

No. Submitting a contact form, sending an email, or speaking with the office does not by itself create an attorney-client relationship. A formal engagement is established only after a written engagement letter is signed.

California has a mandatory six-month waiting period between service of the dissolution petition and entry of judgment. Beyond that minimum, the timeline depends on the complexity of the case — uncontested matters can finalize shortly after six months, while contested matters with property, custody, or support disputes can take longer.

California courts decide custody under one guiding standard: the best interests of the child. The court considers the child’s health, safety, and welfare, any history of abuse, the nature and amount of contact with each parent, and other relevant factors. Custody has two parts — legal (decision-making authority) and physical (where the child lives).

California uses a guideline formula based primarily on each parent’s income and the percentage of time each parent has custody. Add-on expenses for childcare, uninsured medical, and other agreed costs are typically split between the parents in proportion to their incomes.

A legal separation resolves custody, support, and property issues without terminating the marriage. The parties remain legally married but live separate lives under a court judgment. Some couples choose this for religious, financial, or insurance reasons. A divorce terminates the marriage entirely.

Many family law matters resolve through negotiation and settlement without a contested hearing. We work to settle out of court when that’s the right path. When agreement isn’t possible, we’re ready to advocate for you in court.

Yes. Even a signed prenup can be challenged in California — for lack of full disclosure, failure to follow the seven-day waiting period, lack of independent counsel where required, or lack of voluntary execution. Careful drafting reduces those risks substantially.

CPS investigations can lead to the removal of your children. An experienced juvenile dependency attorney can help you understand your rights, respond effectively to the social worker, and represent you at every hearing. The earlier you have legal counsel involved, the better positioned you are.

In most cases, CPS cannot remove children without a court order. California law does allow emergency removal without an order if a social worker believes a child is in immediate danger — but even then, a petition must be filed promptly and a detention hearing held soon after, where a judge reviews the removal.

Generally, no. The Fourth Amendment protects you from unreasonable searches. You are not required to let CPS into your home without a court order or warrant, except in true emergencies involving immediate danger. Be polite but firm, and contact an attorney before granting entry.

A case plan is a court-ordered set of services and requirements you must complete to reunify with your child. Common components include parenting classes, therapy, substance abuse treatment, domestic violence programs, and stable housing. A case plan should be tailored to your specific situation — we work to ensure it is, and that boilerplate requirements aren’t imposed unnecessarily.

California reunification timelines are generally 6 to 12 months for children under 3, and up to 18 months for children 3 and older. If the case plan is not completed within these timeframes, the court may move to permanency planning — including adoption, guardianship, or long-term foster care.

Yes. California law gives relatives — especially grandparents — preference for placement when a child is removed. Relatives may also petition for de facto parent status to gain legal standing in court, or pursue probate guardianship outside the dependency case.

A hearing held pursuant to Welfare and Institutions Code Section 366.26 (often called a ‘.26 hearing’) is a permanency-planning hearing where the court decides the long-term plan for a child after the parent’s reunification services have been terminated. Options include termination of parental rights to free the child for adoption, legal guardianship, or long-term foster care.

A will directs how your assets are distributed at death and goes through probate court. A revocable living trust holds your assets during your lifetime and transfers them to your beneficiaries on death without probate. In California, where probate is expensive and lengthy, a properly funded living trust is often the more efficient tool.

Most adults benefit from at least a basic estate plan — including durable powers of attorney for finances and health care, an advance health care directive, and a will. These documents direct decisions if you become incapacitated and ensure your wishes are followed at end of life, regardless of asset level.

Scharf Law, P.C. offers transparent flat-fee packages: $2,000 for an amendment to an existing trust, $4,000 for a single revocable living trust package (with pour-over will, durable power of attorney, advance health care directive, and two real estate transfers), and $5,000 for a married couple’s package. Filing and recording fees are billed separately.

Yes. A revocable trust can be amended or revoked at any time during your lifetime as long as you remain mentally competent. We recommend reviewing your plan after any major life event — marriage, divorce, birth of a child, significant asset change, or death of a beneficiary.

A revocable living trust does not by itself provide creditor protection — while you’re alive, your assets in the trust remain reachable by your creditors. Other types of trusts can provide protection, and we’re happy to walk through which structure fits your goals.

A guardianship may be appropriate when a parent cannot care for a minor — due to death, incapacity, incarceration, deployment, substance abuse, or other circumstances — or when a minor receives significant assets that need a court-supervised manager (a guardianship of the estate).

A power of attorney is a private document signed by an adult while they still have capacity, granting authority to a chosen agent. A conservatorship is a court proceeding to appoint a conservator for an adult who has already lost capacity (or never had it). When valid powers of attorney are in place, conservatorship is often unnecessary.

Timelines vary by county and the specific facts. From filing to first hearing typically takes one to three months. Contested cases or situations requiring a court investigator or capacity declaration can take longer. Sacramento, Placer, El Dorado, and Amador each have their own probate calendars.

No. We handle probate guardianships of minors and probate conservatorships of adults. We do not represent clients in estate probate of decedents. We’re happy to refer to colleagues who do.