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A parent in a backwards baseball cap holds their child overlooking a mountain after their parental relocation
Lonich Patton Ehrlich Policastri

Parental Relocation & The Stay At Home Order

September 24, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

As we all know, divorce/separation is a highly emotional event – especially when children are mixed into the fray. Combine that with the shelter in place (SIP) order we have in Santa Clara County and things start to become extremely stressful and volatile. If you’re unsure how to win a parental relocation custody case, especially during COVID-19, this article and a parent’s previous experience in San Jose winning full custody during the pandemic, might be of help to you.

Many times during a divorce/separation, new job opportunities, economic hardships, and other various difficulties may arise. As a result, one or both parents may need to relocate to a different city or state, transporting their children along with them to the new place of residence. Even during these uncertain times, family law courts are opened for the process of new applications and court dates. And while parents can often come to an agreement based on what’s in the best interest of their child, sometimes it’s just not possible for both parties to reach a consensus. If it comes to this point, professional legal representation is highly recommended. At least for the case of Steven Agnew from San Jose, California, this was true- he won full custody of his daughter, for the time of the shelter in place (SIP) order. The main argument used by him and his attorneys was the health of his daughter, and a judge agreed with this thought.

Under California state law, a parent who has sole custody typically has the right to move with their children unless the other parent can demonstrate that it would cause harm to said children. But if parents have joint custody and one parent challenges the other parent’s relocation, the parent who wants to move must show that it will be in the best interest of the children. With all that said, custody orders and visitation guidelines are not always completely clear. In California, judges often have few guidelines to follow, so the state tries to treat each case on a unique basis. Because of this, it’s important as a parent to seek legal advice from an expert parental relocation lawyer to ensure you get the desired outcome regarding your children’s future.

A parental relocation lawyer signs a document as the sun rises behind them

International parental “move-away” issues can be especially contentious and convoluted. Our team at Lonich Patton Ehrlich Policastri takes exceptional consideration to ensure a meaningful, continued relationship between the noncustodial parent and child is preserved. If a custodial parent decides to violate any of the visitation obligations, we understand and acknowledge the civil aspects of international child abduction in respect to the Hague Convention. We have attorneys that have experience in the 9th circuit of the supreme court and are extremely prepared for any matter, no matter what complexity. 

The end goal here is to ensure that the best interests of the children are served, while also making sure that both parents are able to maintain a continuing relationship with the children. We understand that a loss of contact with one parent can be detrimental to a child’s wellbeing. 

Here at Lonich Patton Ehrlich Policastri, our family law attorneys have more than 100 years of combined litigation and trial experience and an extensive background working on parental relocation and move away issues. Our team also has considerable experience in handling child custody matters concerning foreign nationals. These Parental Relocation Lawyers are on standby in San Jose, ready to help you learn how to win a relocation custody case. Please contact our office to schedule your free 30-minute Parental Relocation Consultation by calling (408) 553-0801 or signing up online here.  All consultations will be done virtually due to COVID-19 regulations and for the safety of our partners and our clients. 

https://www.lpeplaw.com/wp-content/uploads/2020/09/parental-relocation.jpg 385 684 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-09-24 16:13:472020-09-24 16:13:48Parental Relocation & The Stay At Home Order
A black and white photo of a parent holding a child's hand after getting child custody
Lonich Patton Ehrlich Policastri

How a Domestic Violence Restraining Order Can Affect Child Custody

September 23, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Dealing with a child custody arrangement is one of the most stressful experiences parents may face. When one of the people fighting for child custody or visitation rights has a domestic violence restraining order, the case is significantly more complicated and almost always requires a qualified child custody attorney to ensure that the children receive an outcome that is in their best interests. 

Understanding Custody Arrangements

Before discussing how a domestic violence restraining order affects custody, it is important to understand legal terminology regarding custody. There are two types of custody:

  • Legal custody refers to the custodian(s) responsible for making major life decisions for the children, including choices regarding education, religion, and medical treatment.
  • Physical custody refers to the person who must legally provide a safe and secure home for the children.

Both types of custody can be full, in which one person is the main decision-maker or caretaker, or joint, in which two people share the legal rights regarding decision making or the responsibility of providing a home.

Understanding a Domestic Violence Restraining Order

A domestic violence restraining order (DVRO) is granted when a judge determines that a person has committed or threatened to commit abuse against someone that they have a close relationship with. This includes relationships such as:

  • A spouse or domestic partner
  • A roommate
  • A person that they are divorced or separated from
  • Someone that the person is dating or used to date
  • The other parent of the person’s child
  • Another close relative such as a sibling, parent, or grandparent

In other words, a judge issues a DVRO when they determine that someone is a threat to another person that they are close to. A person must file a DVRO against someone for a judge to legally issue it. Any DVRO can affect a child custody case, whether it is against the other parent or any of the aforementioned people. Any history of violence is reason for concern in a court’s eyes. 

How Domestic Violence Restraining Orders Affect Custody

Domestic violence is different than child abuse because the victim must be older than 18 years old. However, research shows that domestic violence can negatively affect children, especially when they witness the abuse. In some cases, the emotional impact of children who experience domestic violence in their homes can be similar to those of children who are abused and neglected.

A child in a striped onsie is held up by a parent at the beach after being awarded child custody

Due to the mental and emotional effects that domestic violence has on children, judges typically will not award custody to the person with the DVRO if they determine that the domestic abuse is likely to occur again. 

Parents with a DVRO are often only granted limited visitation rights, which are strict schedules or rules regarding when they can legally visit their children. Often parents may not visit the children as frequently as they wish, only can visit the children with the supervision of a third party, or are not allowed to have the children spend the night at their house.

How Someone With a DVRO May Obtain Joint or Full custody

This does not mean that a parent facing a child custody case with a DVRO should not develop a strong case. There are situations in which a judge may grant full or joint custody to a parent with a history of a DVRO. Factors that a judge considers are when the DVRO was issued, the behavior of the person since the DVRO, if the person completed all of their court-ordered programs, and the living environment of the other person fighting for custody.

In all custody cases, the interests of the child are the judge’s main priority, and it is their job to do their due diligence when assessing the parents’ fit for custodial rights. This means that even though one parent has had a DVRO issue, they may still be the best option for custodial rights. Judges do consider the length of time that has passed since the DVRO and understand that with proper treatment, some people can dramatically improve their behavior and become fit to be a caregiver.

If someone with a record of a DVRO awarded within the past five years wants full or joint custody of their children, the judge will consider the following seven factors:

  1. What custody arrangement is in the best interest of the children?
  2. Does this person have a record of any other domestic violence?
  3. Has the person followed all the conditions of any restraining orders against them?
  4. Did the person finish their year-long batterer intervention course?
  5. If any alcohol or drug programs were mandated by the court, has the person finished them?
  6. If any parenting classes were ordered by the court, has the person finished them?
  7. Has the person followed all terms of their parole or probation?

The judge will use the aforementioned factors to determine custodial and visitation rights. If you are the victim of domestic violence or have a history with a DVRO, and are facing a child custody case and need advice, our lawyers at Lonich Patton Ehrlich Policastri offer free, 30-minute consultations to assess your unique needs. All consultations will be virtual due to COVID-19 in order to maintain the safety of our partners and our clients. 

Our experienced trial lawyers at LPEP are some of the most reputable child custody attorneys in the San Jose and Silicon Valley areas. Schedule your free consultation online here.

https://www.lpeplaw.com/wp-content/uploads/2020/09/child-custody.jpg 456 684 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-09-23 21:57:012020-09-23 21:57:03How a Domestic Violence Restraining Order Can Affect Child Custody
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

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