2025 - Page 3 of 6 - Lonich Patton Ehrlich Policastri

When Child Custody Mediation Fails

August 20, 2025/in Family Law /by Gina Policastri

Numerous studies have shown that children perform better academically and socially when both parents are committed to being involved in their lives. California courts prioritize the best interests of the child. They will typically award both parents joint legal and physical custody unless there is a compelling reason why the child would be better off with only one parent.

The court also requires the parents to participate in mediation before they make a ruling. Mediation, facilitated by a neutral third-party mediator, enables parents to develop a parenting plan that allows both to spend quality time with their child. The mediator’s role is to guide the discussion, ensure both parents’ voices are heard, and help them reach a mutually beneficial agreement. Instead of a contentious court battle, mediation focuses on creating a parenting plan through open communication and cooperation. In turn, this can lay the groundwork for a better co-parenting relationship.

Why Mediation Might Fail

Mediation isn’t always successful. Even though parents start with the best intentions, they might struggle to come to an agreement. Some reasons for failure include:

The divorce is high-conflict, making productive discussions impossible
One or both parents are unwilling to compromise
They are too far apart on key issues such as decision-making authority and schedules
There was domestic abuse
Some legal issues are still unresolved

Even if mediation fails, there are other options for resolving child custody issues.

What to Expect if Mediation Fails

When mediation fails, a family court judge becomes responsible for issuing a child custody order. They will hear both sides, consider the evidence, and make their decision based on factors such as:

The location of each parent
The parent’s ability to provide a safe and stable environment
The relationship between the child and each parent
The child’s preference, depending on their age

Before the court hearing, gather documentation such as medical records, school records, and any other evidence that demonstrates your ability to be a capable parent who prioritizes your child’s well-being. During the court hearing, stay focused on the child and avoid airing any grievances about the other parent.

The judge may require additional information before deciding what is in the best interest of the child and may order a custody evaluation. An evaluator, such as a child psychologist or social worker, will conduct a thorough assessment, looking at factors such as:

Each parent’s relationship with the child
How the child interacts with their parents
The ability of the parents to provide a stable environment
Each parent’s willingness to encourage a relationship between the child and the other parent

Upon concluding their assessment, they will provide recommendations to the judge.

Throughout the process, remember that your child is still adjusting to the new family dynamics. You play a crucial role in this adjustment. Prioritize their emotional health by maintaining a stable home environment and providing a consistent routine.

Seek Legal Representation

There is too much at stake to navigate a child custody case on your own. You need the support and guidance of one of our experienced family lawyers at Lonich Patton Ehrlich Policastri. Our attorneys have over 100 years of combined litigation experience. We will help present your case and advocate for a custody plan that is in the best interest of your child.

We understand that this situation is overwhelming, so we will be with you throughout the process, ensuring you know your rights and options.

Call (408) 553-0801 to schedule your free consultation. We look forward to working with you.

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

How to Plan for a Pet Trust: Providing for Your Furry Friends’ Future

August 13, 2025/in Estate Planning /by Michael Lonich

Do you have a plan for who will care for your pets after your death or if you become incapacitated and unable to care for them yourself? Many people assume that friends or family will volunteer to adopt their pets, but the reality is that many pets go unclaimed instead. Even if you’ve included instructions in your will to appoint a caregiver, it can sometimes be difficult to enforce your wishes legally.

So what’s the best way to provide a secure future for your beloved pets? Consider a pet trust.

What is a Pet Trust?

A pet trust is a legally-enforceable agreement that allows you to designate a caregiver, set aside funds, and set out specific instructions for the care you want your pet to receive until their death.

What to Include in a Pet Trust

We’ve put together the following tips to help you think about what to include in your pet trust.

Caregiver

The named caregiver will be the person who takes physical custody of your pet and becomes responsible for their daily care. Choose someone you trust but also someone who is both willing and capable of caring for your pet long-term. Have an honest conversation with them before assigning them as the caregiver and have a backup in mind in case your first choice cannot fulfill this role.

Trustee

Designate a separate person (or organization) to manage the money in the trust and make sure it is used appropriately for the care of your pet. Friends or family members can be good choices but you can also consider an attorney or even a non-profit organization that specializes in pet stewardship.

Funds

Set aside enough money to cover care costs for as long as your pet lives. Some people fund their trust through savings, a life insurance policy, or by selling property or other assets. It can be helpful to work with an estate planning attorney to make sure your method of funding the pet trust doesn’t conflict with your will and the rest of your estate plan.

When estimating the costs of care, think about food, veterinary visits and potential emergency care, grooming needs, medication, boarding or pet sitting, and burial or cremation. Try to factor in inflation and also think about how long you think your pet might live. Some species or breeds have specific health problems or shorter or longer lifespans. Do some research online or talk to your veterinarian to help you with estimates.

Detailed Care Instructions

You know your pet best. Include as much detail as you can to help your chosen caregiver know exactly what your pet needs. Instructions should include things like:

Diet and feeding schedule
Any known health conditions
Medications
Behavior quirks and history
Routines
Preferred veterinarians
Exercise needs
Pet sitters or boarding facilities

Consult with an Estate Planning Professional

Establishing a pet trust can give you much-needed peace of mind that your beloved companion will be well-taken care of when you are no longer able to do so. The Estate Planning Group at Lonich Patton Ehrlich Policastri (LPEP Law) can guide you as you make the necessary decisions to set up your pet trust and incorporate it into your estate plan. Schedule your free, no-obligation consultation to get started today.

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

Navigating the Complexities of Blended Families: A Comprehensive Guide to Step-Parent Adoption

August 6, 2025/in Family Law /by Mitchell Ehrlich

Blended families are becoming increasingly common in the United States. When minor children are involved, some step-parents choose to take the significant and emotionally rewarding path toward legally adopting their spouse’s child. This process grants the step-parent all the legal rights and responsibilities of a biological parent, which can be important for custody, inheritance, healthcare and education decisions, and more. More than that, though, many step-parents feel that this legally-binding process reflects their dedication to a permanent parental relationship, which can strengthen emotional bonds and give the child a sense of security and identity.

While step-parent adoption is rewarding, it can also present some challenges. This comprehensive guide explores the legal considerations and steps involved as well as some practical tips that can make the process smoother.

Legal Requirements and Eligibility

Although step-parent adoption laws vary by jurisdiction, some common requirements include:

Marriage: Most states require the step-parent to be legally married to the child’s biological or legal parent.
Consent: Usually, states require that the child’s non-custodial biological parent consents to the adoption unless their rights are terminated due to neglect, abandonment, or being unfit or deceased.
Background check: A criminal background check or home study might be required.
Child’s consent: For older children (usually over the age of 12), a court may also require their consent.

The Step-Parent Adoption Process

Because the adoption process can be complicated and laws vary by state, your first step should be to consult a family lawyer. They can help clarify the local legal procedures, file necessary paperwork, give you sound legal advice, and represent you in court.

Your family lawyer will file the adoption petition in your local family court. The petition will likely include consent forms, your marriage certificate, the child’s birth certificate, and proof that you have contacted (or attempted to contact) the non-custodial parent.

If you are unable to obtain consent from the non-custodial biological parent, the court must determine whether there are grounds to terminate their parental rights.

Once your petition has been filed, the court might ask for a home study to assess the living environment. This requirement is often either waived in the case of step-parent adoption or less rigorous than in other adoption petitions.

Finally, you and your spouse will attend a court hearing where the judge will review your case, ask questions, and either grant or deny the adoption. If granted, the child will receive a new birth certificate with the adoptive step-parent’s name, and the adoption becomes permanent and irreversible.

Practical Tips

Include the child in the process, and be patient as they adjust to this new reality. Try to respect the existing parental relationship with the non-custodial parent, even if it is less than ideal. Consider family counseling and encourage open communication. Celebrate the adoption day as a family milestone by having a special ceremony or making a keepsake. Don’t be afraid to reach out and seek support.

Interested in Pursuing Step-Parent Adoption?

The Family Law Group at Lonich Patton Ehrlich Policastri (LPEP Law) has years of experience in helping blended families navigate the challenges of adoption. Contact us to schedule a free 30-minute consultation to discuss your case today.

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

August 2025 LPEP Spotlight: Keila Escobedo

August 1, 2025/in 2025, Spotlight /by Lonich Patton Ehrlich Policastri

Understanding Intestate Succession: What Happens When You Die Without a Will

July 24, 2025/in Estate Planning /by Michael Lonich

The best way to ensure that your wishes are carried out after your death is to draft a will. However, many people put off writing a will and estate planning, especially if they are young and healthy or don’t have many assets. So, what happens if you die without a will?

When someone dies without a valid will in place, also known as dying intestate, the courts in their state of residence will distribute their property and other assets. Although the specific intestate succession laws are similar in most states and usually prioritize close family relatives to be beneficiaries, the distribution amounts may vary.

The following is a general overview of how states might divide your inheritance, depending on your situation.

Spouse Only

If you were married but did not have any children, your spouse will most likely receive all your assets. Some states might require the spouse to share with your parents and siblings, however, which could lead to some family disputes.

Spouse and Children

For those who leave behind a spouse and children, most states will distribute your estate between them, depending on whether your children are minors or adults. In cases where you share all your children with your spouse (i.e., you do not have children from a previous relationship), your spouse would likely get a larger share of the inheritance, if not all of your estate.

Children Only

Your children (both biological and adopted) would most likely inherit your entire estate, distributed equally, if you do not have a spouse. Although this type of equal distribution might be fine, there could be cases where you might prefer a more equitable distribution among your children, especially if you have a special needs child or a child who would benefit from more financial help. Making a will is the only way to guarantee your estate is distributed the way you want.

No Spouse and No Children

In the absence of a spouse or children, the courts will seek out your closest relatives. Generally, the order of distribution would go:

Parents
Siblings
Nieces and nephews
Grandparents
Aunts, uncles, and cousins

No Living Relatives

Without any near or distant living relatives, the state would probably take ownership of your assets. Even if you have a romantic partner who you are not married to, stepchildren from a previous relationship, close friends, or charities you support, none of these are eligible to inherit, based on intestate succession laws.

Get Help With Your Will Today

If you’ve been putting off writing your will but want to make sure your wishes are known when it comes to the distribution of your estate, set up a free consultation with the Estate Planning Group at Lonich Patton Ehrlich Policastri. We have years of experience in helping our clients consider all the ins and outs of writing a will, including tax considerations, setting up trusts, choosing guardians for minor children, and more. Having everything in place before you need it will simplify the process for your loved ones and ensure you can provide for them as you see fit. Don’t wait. Get help with your will today.

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

Guardianship Considerations in Estate Planning: Choosing the Right Caregivers for Minor Children

July 16, 2025/in Family Law /by Gretchen Boger

When it comes to estate planning, many people think of wills, trusts, and dividing up assets. But for parents of minor children, one of the most important decisions to make is choosing a legal guardian. If something unexpected happens to you, who will step in to raise and care for your children?

At LPEP, we understand that this question isn’t easy. But making a thoughtful plan now helps protect your children’s future and gives you peace of mind. Here’s what you need to know about guardianship considerations in estate planning.

What Is a Guardian?

A guardian is the person legally appointed to care for your minor child if both parents pass away or are otherwise unable to care for them. This includes making day-to-day decisions, providing a home, and ensuring the child’s physical, emotional, and educational needs are met.

In California, you can name a guardian for your child in your will. If you don’t make a plan, a judge will decide who takes on that responsibility, and it might not be the person you would have chosen.

What to Consider When Choosing a Guardian

It’s a big decision to make, but here are a few key things to think about:

Shared values: Does the person share your values, parenting style, and views on education, discipline, and religion? You want your children to be raised in a way that aligns with your beliefs.
Stability: Consider the guardian’s age, health, and overall lifestyle. Will they be emotionally and physically able to raise your children for years to come?
Location: Will your child need to move far away, change schools, or adjust to a completely different environment? Sometimes staying close to friends, relatives, or their familiar community can help provide comfort.
Existing relationships: Does your child already have a close, trusting relationship with this person? That connection can make a difficult transition a bit easier.
Willingness: Always talk to the person you’re considering. Don’t assume they’ll be able or willing to take on the role, as it’s a big responsibility.

Naming a Backup Guardian for Minor Children

Life can be unpredictable, so it’s smart to name an alternate guardian just in case your first choice can’t step in. This ensures your children are protected no matter what.

Including Guardianship in Your Estate Plan

Once you’ve made your decision, it’s important to make it official. Work with an estate planning attorney to put your wishes in writing. This can be done as part of a will or a broader estate plan.

At LPEP, we specialize in helping California families create personalized estate plans that reflect their unique values and protect the people they love most. We’ll guide you through the process and help you make confident, informed choices.

Protect Your Child’s Future By Choosing a Legal Guardian

Choosing a guardian is never easy, but it’s one of the most loving things you can do for your children. By planning ahead, you take control of their future and give them the best chance for stability, care, and security, no matter what life brings.

Have questions about estate planning or guardianship in California? Schedule your free consultation with LPEP today – we’re here to help you protect what matters most.

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

Planning for the Future: How to Create a Comprehensive Will and Testament

July 9, 2025/in Estate Planning /by Michael Lonich

Although it’s not the most comfortable topic, it’s important to plan for the future even if you are young and in great health. Many people put off writing a will, but drafting a comprehensive will and testament is an important step in making sure your wishes are carried out if you die or become incapacitated. Without a will, important decisions such as who will care for your minor children or who receives your assets might be left in the hands of the court. So how do you create a comprehensive will and testament? Consider the following tips:

Choose an Executor

An executor will be responsible for making sure the terms set out in your will are carried out appropriately. Since they will be managing your financial affairs, choose someone trustworthy who is capable of handling your estate and is willing to accept this role. It’s probably a good idea to name an alternate executor as well in case your first choice falls through.

Make a Detailed List of Assets

Assets are things that you own that have value such as real estate, financial accounts (e.g., bank accounts, stocks and bonds, retirement funds), personal property (e.g., car, boat, jewelry, heirlooms, art), cash, and business assets. Don’t forget to account for your virtual and digital assets as well.

Designate Beneficiaries

How do you want your assets to be distributed? Be specific about the amount (or items) you want each individual, organization, or charity to receive. The more detail you can provide, the less chance for confusion and conflict.

Appoint a Guardian for Minor Children

For parents with minor children, one of the most important things to include is your choice of a guardian who will take care of them in your stead. Of course, you will choose someone you trust, but, if possible, try to find someone who has an existing (and good) relationship with your children. Make sure the person is willing and able to perform these duties in the long term.

Address Debts and Expenses

Your executor will use the assets in your estate to pay off any outstanding debts like mortgages, loans, credit card bills, medical bills, etc. However, it can be helpful to list your debts and expenses in the same way that you listed your assets to ensure that everything is covered and your beneficiaries will not be subject to creditors or legal action.

Sign Your Will Properly

Make sure you understand your state’s laws regarding wills. To be legally binding, your will needs to be signed by you and at least two disinterested adult witnesses (i.e., not beneficiaries). In some states, the witnesses must sign in your presence while other states accept a signed affidavit.

Consult with an Estate Planning Attorney

Although there is software available to help you write a will, it’s always a good idea to talk to a legal professional. They can help you consider tax implications as well as estate planning tools that might be best for your situation such as a special needs trust, a living will, healthcare directives, power of attorney, and more. Your estate planning attorney can also safely store your will for you and set up regular reviews and updates to account for major life changes like getting married or having a child.

Schedule a free consultation with the estate planning group at Lonich Patton Ehrlich Policastri to get started on planning your future today!

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

Navigating Co-Parenting Challenges: A Guide for Divorced Parents

July 3, 2025/in Family Law /by Gina Policastri

Divorce is often tough, but raising children together after divorce adds a whole new layer of complexity. Co-parenting isn’t always easy, but with the right mindset and a few practical tools, it can be successful. Whether you’re newly divorced or have been navigating this journey for a while, this guide is here to help you manage co-parenting challenges and focus on what matters most: your kids.

What Is Co-Parenting?

Co-parenting is when both parents remain actively involved in their child’s life after a separation or divorce. It means making joint decisions, attending school events, coordinating schedules, and staying in communication, preferably in a way that supports the child’s emotional well-being.

In California, family courts often encourage shared custody arrangements because studies show that children tend to do better when both parents are involved. That said, co-parenting successfully takes work.

Common Co-Parenting Challenges (And How to Handle Them)

Co-parenting comes with challenges, there’s no doubt about it. Here are some of the issues that many parents face when navigating this difficult situation.

1. Communication Breakdowns

This is probably the most common challenge divorced parents face. Misunderstandings and emotional tension can make it hard to have clear conversations.

Tip: Use neutral, respectful language. Stick to the topic at hand and avoid bringing up past relationship issues. If face-to-face conversations are difficult, consider using parenting apps to keep everything documented and civil.

2. Different Parenting Styles

One parent might be more strict, while the other is more laid-back. This can confuse kids and lead to tension between parents.

Tip: You don’t have to agree on everything, but aim for consistency on the important issues like bedtimes, homework rules, and screen time. Focus on your shared goals: raising happy, healthy, respectful kids.

3. Scheduling Conflicts

Between school, sports, family holidays, and custody agreements, scheduling can quickly get messy.

Tip: Keep a shared calendar and plan ahead, especially for holidays and vacations. Be flexible when you can – life happens, and showing grace can go a long way.

4. Emotional Stress

Even if you’re on good terms with your co-parent, emotions like guilt, anger, or sadness can creep in.

Tip: Take care of yourself, too. Therapy, support groups, or just talking with a friend can help you process your feelings. The more balanced you are emotionally, the better parent you can be.

When to Seek Legal Help for Co-Parenting Challenges

If you’re facing ongoing issues (like a parent not following the custody order, or constant conflict that affects your child), it may be time to revisit your parenting plan. In California, family law courts allow parents to request modifications when circumstances change.

At Lonich Patton Ehrlich Policastri, our experienced family law attorneys can help you understand your rights and options, and guide you through the legal process if needed.

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.

July 2025 LPEP Spotlight: Steven Xiao

July 3, 2025/in 2025, Spotlight /by Lonich Patton Ehrlich Policastri

Why Is It So Important To Have a Medical Power of Attorney?

June 25, 2025/in Estate Planning /by Michael Lonich

Humans prefer predictable situations and outcomes. Predictability means less stress and anxiety and an overall sense of control. It’s why some people read their horoscope, visit psychics, or have tarot readings. After all, if we know what will happen, we can be better prepared.

But life is unpredictable, and we can’t know the future. However, we can still be prepared. That is what a medical power of attorney provides.

What is a Medical Power of Attorney?

A Medical Power of Attorney (POA) is a legal document designating a trusted individual, known as an agent or healthcare proxy, to make healthcare decisions on your behalf if you are incapacitated.

Even with advanced healthcare directives, you still need a medical POA. Advance directives often outline your wishes for end-of-life care. It provides guidelines to your medical team regarding life-extending measures, such as no feeding tubes, Do Not Incubate (DNI), and Do Not Resuscitate (DNR).

A medical POA covers situations not covered by your advance directives. For example, if you are in an accident, they have the authority to make medical decisions for you regarding your care, such as what types of treatment you should and should not receive.

A Medical POA Provides Peace of Mind

There are several good reasons to have a medical POA, such as:

It ensures your healthcare wishes are respected and prevents unwanted medical interventions
You are empowering someone who understands your values and priorities to act on your behalf
It avoids conflicts or confusion among family members about your care
Timely decisions can be made without delays
It ensures your decisions comply with state laws
It allows your healthcare proxy to access your medical records

Key Components of a Medical Power of Attorney

To ensure your medical POA is legally binding and accurately reflects your wishes, it should include the following:

1. Scope of Authority

Your medical POA should clearly describe the decisions your healthcare proxy is authorized to make, such as medical treatments, procedures, and care plans. Their authority is limited to what is listed in the document and the law.

2. Activation

There should be a clause specifying when the medical POA becomes effective, which is typically when a healthcare professional deems you incapacitated.

3. Preferences

You should include instructions if you have specific medical preferences you want your healthcare proxy to follow, such as life-sustaining treatments.

4. Revocation

The document should include a statement affirming your right to revoke or amend the medical POA at any time, as long as you are mentally competent.

Your Medical POA is Part of a Comprehensive Estate Plan

Your estate plan is more than just deciding how to distribute your assets after you pass away. It also includes essential elements such as:

Appointing guardians for minor children or dependent adults
Management of your financial affairs if you’re incapacitated
Establishing trusts to protect your assets
Having someone advocate for your medical preferences if you are severely injured

A comprehensive estate plan is about preparing for life’s unexpected events and reducing the emotional and financial burden on your family.

Our attorneys at Lonich Patton Ehrlich Policastri are experienced estate planners. We are ready to help you create a medical power of attorney and any other necessary estate planning documents. We understand that everyone’s needs are different, which is why any legal document we create for you reflects your values and protects what matters most to you.

Contact us at (408) 553-0801 to schedule your free consultation. You can’t predict the future, but you can be prepared for it.

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

Why Mediation Might Fail

What to Expect if Mediation Fails

Seek Legal Representation

What is a Pet Trust?

What to Include in a Pet Trust

Caregiver

Trustee

Funds

Detailed Care Instructions

Consult with an Estate Planning Professional

Legal Requirements and Eligibility

The Step-Parent Adoption Process

Practical Tips

Interested in Pursuing Step-Parent Adoption?

Spouse Only

Spouse and Children

Children Only

No Spouse and No Children

No Living Relatives

Get Help With Your Will Today

What Is a Guardian?

What to Consider When Choosing a Guardian

Naming a Backup Guardian for Minor Children

Including Guardianship in Your Estate Plan

Protect Your Child’s Future By Choosing a Legal Guardian

Choose an Executor

Make a Detailed List of Assets

Designate Beneficiaries

Appoint a Guardian for Minor Children

Address Debts and Expenses

Sign Your Will Properly

Consult with an Estate Planning Attorney

What Is Co-Parenting?

Common Co-Parenting Challenges (And How to Handle Them)

1. Communication Breakdowns

2. Different Parenting Styles

3. Scheduling Conflicts

4. Emotional Stress

When to Seek Legal Help for Co-Parenting Challenges

What is a Medical Power of Attorney?

A Medical POA Provides Peace of Mind

Key Components of a Medical Power of Attorney

1. Scope of Authority

2. Activation

3. Preferences

4. Revocation

Your Medical POA is Part of a Comprehensive Estate Plan

Free 30-Minute Family Law or Estate Planning Consultation

Contact Us