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The Impact of Divorce on Children: Understanding and Mitigating the Effects

April 25, 2024/in Family Law /by Virginia Lively

Divorce can be difficult on all parties concerned. When children are involved, it’s especially important to consider their well-being and take steps to mitigate the effects of the divorce on them. Of course, the impact of divorce on children can vary case by case, but the following are some common responses and issues you might face as well as strategies for supporting your children through them.

Emotional Sensitivity

Change is difficult for everyone, but children in particular may experience a range of emotions in response to changes in the family dynamic. Some amount of sadness is to be expected, but anger, anxiety, guilt, and confusion are also common emotional responses. 

Changes in Behavior

Depending on the age of the children and the circumstances of the divorce, children may exhibit new behavior like withdrawing, becoming defiant, or struggling academically. Some of the behavior may be a way for them to express their emotions or ask for attention.

Parentification

One specific behavior that children in divorce sometimes develop is taking on roles or responsibilities usually associated with adults, or parentification. They might feel as if they should take care of their parents financially, emotionally, physically, or in other ways, and may act accordingly.

Financial Strain

Especially in the early stages of divorce, finances can be an issue while the parents work through splitting up assets and deciding on child support, custody, and spousal support issues. Changes in living standards and housing might be difficult for the child, and decreased finances might limit extracurricular activities, vacations, and other luxuries.

Strategies to Support Children Affected by Divorce

Understanding some of the ways divorce might affect your children is the first step toward developing strategies to support them and mitigate negative effects. The following are a few strategies to consider:

  • Keep the communication lines open – Be as honest and transparent as you can and allow your children to do the same. Try to have age-appropriate conversations about what is happening, and always reassure them that they are safe and loved.

  • Do your best to focus on their practical needs – Prioritize meeting your child’s basic needs (e.g., housing, clothing, access to education and healthcare) and supporting them emotionally by listening. This supportive and nurturing environment will reduce their anxiety.

  • Establish and maintain routines and strive for stability – During a time of transition and change, consistency and predictability will help your child feel secure. Try to set a regular schedule for meals, bed times, homework, and activities so your child knows what to expect and when. 

  • Approach co-parenting positively – Work together with your former spouse to co-parent amicably, putting the best interests of your children first. Try to keep your interactions with your co-parent civil, and never involve your child in your own conflicts with your former partner.

  • Model healthy self-care – Children learn best by example. When you seek out healthy ways to get the emotional support you need, such as starting a new hobby, developing a community, practicing mindfulness techniques, or attending therapy or counseling, they will know it’s ok to seek help and support when they need it.

Don’t go Through Divorce Alone

If you are considering divorce, you need a supportive team on your side. The family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) can help you and your family navigate this emotional time. Call us at (408) 553-0801 to schedule a free, 30-minute consultation to discuss your case. We can help.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/04/bigstock-Man-and-womans-hands-cutting-p-26460842.jpg 621 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2024-04-25 15:22:232024-04-25 15:22:23The Impact of Divorce on Children: Understanding and Mitigating the Effects

Blended Families and Estate Planning: Strategies for Harmony

April 19, 2024/in Estate Planning /by Michael Lonich

Blended families, characterized by spouses bringing children from previous relationships into a new union, are increasingly common today. In fact, 40% of families in the United States are blended.

While these families often experience a wealth of love and a fresh start, they also face the unique challenges of this significant change in family dynamics. Estate planning is one area where balancing the financial needs and the emotional well-being of all family members can seem overwhelming.

However, with thoughtful strategies, it’s possible to create an estate plan that fosters harmony and ensures all loved ones are considered and cared for.

Understanding the Legal Rights of Blended Family Members

It’s crucial to understand California’s laws regarding spousal inheritance and the rights of children from previous marriages. Not having an estate plan can lead to significant and unintended consequences for blended families. 

Without a will, the state’s intestate succession laws come into play. The surviving spouse gets 100% of the community property. If the deceased spouse has assets from before the marriage and only one biological child, the spouse will get 50% of the separate property, and the child will get the other 50%. If there are two or more biological children, the spouse will get ⅓, and the children will evenly split the other ⅔ of the separate property.

Without a will, unless they were legally adopted, the stepchildren would receive nothing unless they can prove the relationship with their stepparent started when they were minors and continued throughout their lifetime, and the stepparent would’ve legally adopted them if possible.

Open Communication is Essential for Estate Planning

Open and honest communication is the foundation of effective estate planning in a blended family. Encourage a family meeting where all parties can express their concerns and desires. This transparency helps set realistic expectations, build trust among family members, and avoid conflicts and misunderstandings.

Utilize Trusts When Estate Planning With Your Blended Family

Trusts are incredibly versatile tools for estate planning in blended families. They allow you to specify precisely how and when your assets will be distributed. For example, a revocable living trust can provide for your spouse during their lifetime while ensuring that the remainder goes to your children after your spouse’s death.

Don’t Forget Life Insurance Policies in Your Estate Planning

Life insurance offers a straightforward way to provide for specific family members without altering the distribution of other assets. It can ensure that your biological children receive an inheritance directly, or it can provide for a surviving spouse without impacting your children’s inheritance. 

LPEP Law Can Help With Your Blended Family’s Estate Planning

To address the unique needs and dynamics involved, estate planning for blended families in California requires careful consideration and strategic planning. Our attorneys at Lonich Patton Ehrlich Policastri have the experience and expertise to create estate plans for blended families and can guide you through the process.

Contact us for a free consultation by calling (408) 553-0801. We will tailor a solution for your blended family.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/04/bigstock-Proud-parents-showing-family-p-197376028.jpg 598 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-04-19 18:24:102024-04-19 18:24:10Blended Families and Estate Planning: Strategies for Harmony

Maximizing Your Chances in Complex Family Law Cases: The Expertise of a Board-Certified Specialist

April 11, 2024/in Family Law /by Mitchell Ehrlich

Family law deals with sensitive issues such as divorce, child custody, or spousal support. Navigating the legal complexities of these issues during an emotional time can be challenging. Board-certified family law specialists bring a unique set of skills and expertise that can significantly enhance your chances of a favorable outcome. 

Let’s examine how these legal experts can help you with your complex family law case.

Understanding Board Certification in Family Law

To receive board certification in family law, attorneys must undergo a rigorous process overseen by the State Bar of California Board of Legal Specialization (CBLS). To achieve this certification, attorneys must demonstrate a high degree of experience, competence, and knowledge in family law. The CBLS requires the following:

  • Passage of a written exam
  • Having practiced law for a minimum of five years, with at least 25 percent of the time devoted to family law practice.
  • Continuing education in family law beyond that required of general licensees of the California State Bar.
  • A demonstration of broad-based and comprehensive experience in family law by completing a variety of matters pertaining to the family law area.
  • Favorable peer reviews by other attorneys and judges in family law

While there are plenty of family law attorneys in California, due to the stringent requirements, not many of them are board-certified.

The Benefits of Having a Board-Certified Specialist in Family Law

Having a board-certified specialist assist you with your family law case benefits you in the following ways:

Expert Knowledge

A board-certified specialist has a deep understanding of the nuances of California family law. They are well-versed in the specific rules and court procedures, which can provide a significant advantage in complex cases.

Experience

Whether it’s a high-asset divorce, contentious custody battle, domestic violence, or complicated property division, board-certified attorneys have the expertise to navigate these issues effectively.

Strategic Guidance

Board-certified family law specialists can develop effective strategies for your specific circumstances. They know how to apply their knowledge of the law to your advantage, whether in negotiations, mediation, or litigation.

Professional Recognition

To achieve board certification means the State Bar of California recognizes the attorney’s superior skills and ethical standards. You can be assured you are getting an attorney highly regarded by their peers.

By hiring a board-certified family law specialist, you can have the peace of mind of knowing that your case is in the hands of a professional with the skills and knowledge to handle it effectively.

Speak With a Board Certified Family Law Specialist at LPEP Law

Family law matters are often emotionally charged and legally complex. Working with one of our board-certified specialists at Lonich Patton Ehrlich Policastri can maximize your chances of achieving a favorable outcome. We have worked with families on complex family law issues for over two decades. Our knowledge, experience, and assurance of quality make us invaluable allies in California’s family courts. Whatever family law issue you are facing, our attorneys can help.

Contact us for a free consultation by calling (408) 553-0801 to talk to a board-certified family law specialist who can provide the expertise and guidance you need.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/04/bigstock-The-Family-And-Child-Law-Conce-477344715.jpg 506 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2024-04-11 18:44:152024-04-11 18:47:05Maximizing Your Chances in Complex Family Law Cases: The Expertise of a Board-Certified Specialist

Elder Care and Estate Planning: Providing for Aging Parents

April 5, 2024/in Estate Planning /by Michael Lonich

Thanks to advances in technology and medicine, people are living longer, fuller lives. As a result, more people are caring for aging parents than ever before. One of the most important aspects of senior caregiving is financial planning to make sure your parents’ needs and long-term care are provided for. 

A great tool that you can use in financial planning is an estate plan. Many people think of estate planning as just writing a will to explain how you want your assets distributed after your death, but it’s so much more. 

The following article discusses what you need to know about estate planning and how it can help provide for the long-term needs of aging parents, including elder care.

What is Estate Planning?

Estate planning is the process of organizing your estate, which includes assets like your home, jewelry, cars, land, investments, retirement and savings accounts, as well as debts. A good estate planning professional can help you make important decisions about your finances, taxes, medical issues, and debts both for the present and the future. 

Working with your aging parents to get their estate in order helps ensure you know their wishes with regard to a range of issues if they become incapacitated in the future. They may want to set up a living will as part of their estate plan to outline their decisions in detail. Some questions to consider include:

  • What types of medical procedures, healthcare interventions, or medications are acceptable?
  • Who should have power of attorney to make legal and medical decisions on their behalf?
  • What types of elder care and living arrangements do they prefer?

How Does Estate Planning Help with Elder Care?

Generally speaking, elder care is a term that encompasses a wide range of services and institutions that help seniors live comfortably and maintain as much independence as possible as they age. For instance, assisted living communities, in-home care, skilled nursing facilities, transportation services, meal delivery, hospice care, and adult daycare all meet the different healthcare, social, and other needs of senior adults. 

Once your parents have determined the best fit for them based on their health, needs, and preferences, estate planning can then help you explore options to make sure potential costs are covered, such as:

  • Establishing a budget that takes into account present and future needs 
  • Looking into long-term care insurance 
  • Setting up a revocable living trust to enable a trusted individual to administer their estate and distribute assets on their behalf to cover care, if they become incapacitated

Talk to an Estate Planning Professional Today

The Estate Planning Group at Lonich Patton Ehrlich Policastri (LPEP Law) has a broad range of expertise in preparing estate planning documents, including living wills and trusts. LPEP also works with clients to maximize their current estate and minimize taxes, so they can thoughtfully enjoy the funds now while still preparing for the future. Whether you want to discuss your own estate planning needs or talk with us about your aging parents’ estate, you can call us today at (408) 553-0801 to schedule a free consultation. Let us help you protect your family’s future.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/04/bigstock-Senior-couple-meeting-real-est-272265430.jpg 601 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-04-05 00:02:122024-04-05 00:02:12Elder Care and Estate Planning: Providing for Aging Parents

April 2024 LPEP Spotlight: Roberto Parada

April 1, 2024/in 2024, Spotlight /by Lonich Patton Ehrlich Policastri
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https://www.lpeplaw.com/wp-content/uploads/2024/04/LPEP-Spotlight-Featured-Thumbnails.png 490 718 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Lonich Patton Ehrlich Policastri2024-04-01 20:51:522024-04-01 20:59:51April 2024 LPEP Spotlight: Roberto Parada

Digital Divorce: The Role of Social Media in Family Law Cases

March 29, 2024/in Family Law /by Gina Policastri

In the age of technology, the impact of social media on almost every aspect of our lives is undeniable, and one area where its influence is increasingly significant is in family law. But how does our social media presence actually affect family law cases?

From the use of digital evidence in custody battles to the implications of online behavior on spousal support and property division, it’s becoming more and more important to understand how social media can impact your case. Join us as we explore the nuances, challenges, and consequences of social media in contemporary family law.

The Role of Social Media in Family Law Cases in California

In divorce proceedings, social media platforms often become a digital battleground where evidence is gathered and scrutinized. Courts in California increasingly consider digital footprints when making determinations related to child custody, spousal support, and property division. 

In child custody cases, California courts may consider online behavior and communications as crucial factors when determining the best interests of the child. Parents vying for custody often find their social media profiles under scrutiny, as posts, photos, and interactions can offer insights into their lifestyle, values, and ability to provide a stable environment.

The Types of Social Posts that may Impact Family Law Cases

Several types of social media posts hold particular relevance and may impact legal proceedings, including: 

  • Financial status: Posts revealing extravagant purchases, luxurious vacations, or business ventures can impact spousal support and property division determinations. Such posts may contradict claims of financial hardship or show undisclosed assets.
  • New relationships: Posts disclosing new romantic relationships or cohabitation arrangements before your divorce proceedings are finalized may show evidence of infidelity, which could impact child custody, alimony, and property division. 
  • Substance abuse: Posts involving substance abuse, reckless behavior, or inappropriate conduct may affect issues such as child custody, visitation rights, and spousal support.

Overall, the types of social media posts that may impact family law cases encompass a wide range of content, from parenting practices and financial status to behavior and communication patterns.

How to Protect Yourself Online During a Family Law Case

You don’t need to completely erase your online presence, but protecting yourself on social media during family law proceedings is crucial to prevent potential complications that may impact the outcomes of your case. You may like to: 

  • Think twice before posting: Avoid sharing sensitive information about your case, emotions, or personal life. Refrain from making disparaging remarks about your ex-spouse or engaging in online interactions.
  • Adjust privacy settings: Limit the audience for your posts and ensure that only those you trust have access to your personal information. Regularly update these settings to maintain control over your online presence.
  • Don’t use social media to vent: Avoid discussing your case on social media. Conversations about legal strategies, negotiations, or court proceedings should be reserved for private and confidential discussions with your attorney.
  • Monitor tags and mentions: Keep a close eye on tags, mentions, and comments. Unwanted tags or comments from friends may disclose information about your activities or relationships that could impact your case.

It’s also a good idea to inform friends and family members about the importance of discretion on social media during your family law case. 

Talk to a Professional Family Law Attorney

At Lonich Patton Ehrlich Policastri, our family law attorneys can provide the right advice based on your specific situation. We’ll support you every step of the way and ensure your rights are protected throughout your case. 

Contact us today to schedule your free consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/03/bigstock-Woman-Viewed-Through-Window-Of-80066336.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2024-03-29 22:10:512024-03-29 22:10:51Digital Divorce: The Role of Social Media in Family Law Cases

The Importance of Updating Your Estate Plan: Avoiding Pitfalls and Ensuring Effectiveness

March 21, 2024/in Estate Planning /by Michael Lonich

You likely already understand the importance of creating an estate plan. Having a will, trust, power of attorney, and advanced health directives provides peace of mind to you and your family that your affairs will be managed in the event of death or incapacitation. 

For many of us, making an estate plan allows us to check one item off our never-ending to-do list. However, keeping it updated is just as important. After all, life changes, and so should your estate plan.

Life Events That Affect Your Estate Plan

Throughout your life, you will experience significant events. You may experience all of them or just some, but these are the ones that will require you to review and update your estate plan.

Marriage

Getting married changes your legal and financial status. You may want to update your estate plan to include your spouse in your will, designate them as a beneficiary, grant them power of attorney, or name them as your healthcare proxy.

Divorce

Just as getting married affects your estate plan, so does getting divorced. You’ll likely want to remove your ex-spouse from your will, trusts, power of attorney designations, and any beneficiary designations on life insurance policies or retirement accounts.

Birth or Adoption of a Child

The arrival of a new family member is a cause for celebration and an important time to update your estate plan. You may want to name a guardian for your minor children in the event of an untimely death, set up trusts for their future, and ensure they are included in your will and added as beneficiaries to life insurance policies and investment accounts.

Change in Financial Status

A significant increase or decrease in your wealth should prompt a review of your estate plan. If you received an inheritance, consider how these assets will be distributed. Starting a successful business will also require you to consider what will happen to the company if you die or become incapacitated and to name a successor. Conversely, if you’ve experienced a financial loss, you may need to adjust how you allocate your remaining assets.

Retirement

Retirement is another life change that often requires adjustments to your estate plan. You may need to make revisions to reflect changes in income, plan for potential long-term care needs, and other retirement-related factors.

External Circumstances That May Require You to Update Your Estate Plan

Even if you have never experienced any of the life events listed above, other circumstances will necessitate reviewing and updating your estate plan.

Death of a Beneficiary or Executor

If a person named in your estate plan passes away, you should update your estate plan. This could be a beneficiary set to inherit from you or an executor, trustee, power of attorney, or healthcare proxy tasked with managing your estate and affairs.

Changes in Tax Laws

Tax laws change regularly, and these changes can significantly impact your estate plan. It’s crucial to review your estate plan to ensure it complies with updated regulations and that there are minimal taxes on your estate.

LPEP Law Can Assist You With Creating and Updating Your Estate Plan

Whether you need assistance creating an estate plan or updating your current one, our attorneys at Lonich Patton Ehrlich Policastri can help. We have extensive experience in estate planning and can work with you to ensure your estate plan covers all of life’s contingencies and reflects your wishes. Our lawyers can guide you on how to structure your plan to minimize taxes and provide your loved ones with peace of mind and financial security. 

Contact us for a free consultation by calling 408-553-0801.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/03/bigstock-Happy-Young-African-American-F-438049565.jpg 506 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-03-21 17:40:022024-03-21 17:40:02The Importance of Updating Your Estate Plan: Avoiding Pitfalls and Ensuring Effectiveness

Adoption: A Comprehensive Guide for Prospective Parents

March 14, 2024/in Family Law /by Gretchen Boger

Families come in all shapes and sizes. If you are planning to expand your family by becoming the parent of a child who is not biologically yours, you might be wondering how the adoption process works. This guide provides information about types of adoption, the steps you need to take, and where to get help. Adopting can be a complex and lengthy process, but having a better understanding of what’s involved can help you feel more prepared. 

Types of Adoption

The most common types of adoption include:

  • Private – Birth parents often choose and work directly with the adoptive parents. Adoption agencies can help facilitate private adoptions.
  • Foster care – Some families choose to adopt through the foster care system. Usually, parents will become temporary foster parents first and then pursue formal adoption later. Children in the foster care system might be older.
  • Stepparent, kinship, or relative – Stepparents or close relatives such as grandparents, adult siblings, or aunts and uncles can legally adopt and assume parental responsibilities for a child.
  • International – When you adopt a child from a different country, you must adhere to the adoption laws of the child’s country of origin as well as U.S. adoption laws. 

How the Adoption Process Works

While certain steps might be slightly different, depending on the type of adoption you pursue, in general, consider the following tips as you move forward.

  • Do some research – If you know families who have gone through the process, talk to them. Read books about adopting. Consider attending parenting classes. Get as much information as you can as early as you can.
  • Choose an adoption agency or professional facilitator – Although it might be tempting to pursue adoption more informally, it is in your best interests to work with an adoption agency, facilitator, or attorney to ensure that you understand your rights and the rights of the birth parents, as well as all relevant adopting laws. 
  • Explore financial assistance –  Adoption can be expensive, especially if international travel is involved. You can look into grants, loans, subsidies, the Federal Adoption Tax Credit, and even employer adoption benefits. Many prospective adoptive parents hold fundraisers (e.g., selling homemade goods with proceeds benefiting the adoption fund) to help them get started.
  • Participate in a home study – Your chosen adoption agency or facilitator will conduct a thorough investigation of your family home and lifestyle to ensure you are a good fit for a child. Background checks, home visits, financial assessments, and personal interviews may all be part of this lengthy process.

Once the above steps are complete, you will be matched with a child or a pregnant mother. The child will then be placed in your home, either in a foster-type relationship, or a more permanent pre-adoptive status. Periodically, a social worker will visit to monitor the transition for both you and the child. If all goes well, your adoption case will work through the family court system until it is finalized.

Talk to a Family Law Expert

The experienced family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) are well-equipped to guide you through the complex process of adoption. When it comes to drafting, reviewing, and filing legal documents; ensuring you understand the adoption laws in your state (or another country, in the case of international adoption); and representing you in family court (especially in contested adoptions), it helps to have a team on your side. Call us at 408-553-0801 for a free 30-minute consultation to discuss your case. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/03/bigstock-Young-Family-Couple-Trying-To-105732536.jpg 600 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2024-03-14 17:47:282024-03-14 17:47:28Adoption: A Comprehensive Guide for Prospective Parents

How to Plan for Incapacity in Your Estate Plan: Choosing a Power of Attorney and Health Care Proxy

March 8, 2024/in Estate Planning /by Michael Lonich

There is no escaping death. We understand that, so we make sure to prepare a will and name beneficiaries to ensure our assets are distributed according to our wishes and that our loved ones will be taken care of financially. But what many people don’t plan for is the possibility that something will occur that will leave them incapacitated. Incapacity can result from a variety of situations, such as severe illness, injury, or cognitive decline. When a person becomes incapacitated, they may not be able to make important financial or health care decisions.

Therefore, it’s crucial that you name a power of attorney and a health care proxy to make decisions on your behalf when you cannot do so. And while they both have decision-making authority, they each serve very different functions.

Power of Attorney

A power of attorney (POA) is a legal document that authorizes another person (agent) to handle certain matters on your behalf (principal). In California, there are different types of POAs.

  • A durable power of attorney can be general or limited but remains in effect if you become incapacitated.
  • A general power of attorney gives the agent broad powers to act on your behalf. It allows the agent to take a wide range of actions, such as managing financial and business transactions and handling legal affairs. However, without the durability clause, the agent’s power ends if you become incapacitated.
  • A limited power of attorney is used when you want to give only specific powers to the agent.

Considering the responsibility placed upon the POA, you should consider the following factors when making a selection:

  • Choose someone you trust implicitly to act in your best interests
  • Ensure the person is capable of handling complex financial matters and understands your assets and obligations.
  • You will want someone who communicates effectively and can make your preferences known regarding financial decisions.

Health Care Proxy

A health care proxy is a legal document that designates an individual to make medical decisions for you if you cannot do so. Here are some things to consider when making your choice:

  • Select someone who understands your values and preferences regarding medical treatment to ensure they will make decisions that align with your beliefs.
  • The person you choose should be geographically accessible
  • Your health care proxy will need to be able to communicate with medical professionals and should be capable of explaining your wishes and making informed decisions.

After you appoint your agents, it’s crucial to communicate your wishes clearly. Provide your POA with information about your assets, liabilities, income, and expenses. Discuss your values, beliefs, and preferences regarding medical treatments and interventions with your healthcare proxy.

It’s essential to seek legal advice when creating your documents to ensure their validity. Our lawyers at Lonich Patton Ehrlich Policastri can guide you through the process. We are experienced in all estate planning matters and can help you tailor your documents to meet your specific needs.

Contact us for a free consultation by calling 408-553-0801.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

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What Rights Do Unwed Parents Have?

March 1, 2024/in Family Law /by Virginia Lively

According to recent statistics, the percentage of births to unmarried women in the United States is currently around 41 percent. Given this rise in nontraditional families, it’s important to understand what each parent’s legal rights and responsibilities are when it comes to issues like custody and visitation, child support, making decisions on the child’s behalf, and inheritance rights. The following is an overview of how the law views the rights of unwed parents.

Child Custody and Visitation

When a child is born out of wedlock, the mother automatically gets custody. If the mother does not wish the alleged father to see the child, he does not have any legal rights to visit or be part of the child’s life until his paternity has been proven. However, if the father can establish paternity, he has equal rights when developing a joint custody plan, visitation rights, fighting for sole custody, and making important decisions about the child’s housing, school, healthcare, etc.

Child Support

In the same way that a reputed father does not have legal rights to custody and visitation without proven paternity, he also does not have the legal responsibility to provide child support. If the couple never married, the mother must prove the biological paternity of the alleged father, either through admission (where both parents agree) or testing, in order to be legally awarded child support payments, which help cover various costs for the child like food, clothing, medical costs, school supplies, housing, etc. Paternity must be legally established in order for the child to be included under the father’s healthcare insurance coverage as well.

Inheritance Rights

Although inheritance laws vary across the country, in general, a child is only eligible to receive an inheritance if the child’s parentage has been legally established. It is usually in the child’s best interests to go through the process of establishing paternity before this becomes an issue.

How to Establish Paternity

There are a few avenues you can take if you need to establish paternity. 

Voluntary Declaration of Paternity

The unmarried parents of a child can sign a form when the child is born that designates both signees as the legal parents. Forms are available from child support agencies (more on that below), a family law attorney (like the group at Lonich Patton Ehrlich Policastri, or LPEP Law), a welfare office, or the registrar of births. Official voluntary declarations of paternity hold the same weight as a court-ordered form.

The Family Court System

In cases where paternity is disputed, some unwed parents choose to go through the court system. The child’s mother, father, their representatives, a custody agency, or other family members can file the various forms necessary to request to establish paternity. Once the forms are filed, a judge will hold a trial to help decide issues of child support and custody and visitation rights. Since this process can be somewhat complicated, it’s best to work with an experienced attorney. 

Child Support Agency

Every state has what is known as child support agencies that provide services at the county and regional level for families who might not have the money to pursue a court case. Either the mother or the father can request action. If genetic testing is required to prove paternity, the child support agency will help in this process free of charge.

Talk to LPEP’s Family Law Experts Today

When establishing paternity is essential to protecting your child or your rights, it helps to have a team on your side. LPEP Law specializes in family law, including paternity cases. We can guide you through the process and make sure you get the help you need. Call us today at 408-553-0801 to schedule a free, 30-minute consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

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

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