A parentage action is a court proceeding in which the court makes a determination of child’s legal parents. Quite often this is not in dispute, but sometimes parentage is disputed for various reasons. Where the parents are not married, a parentage action or at least a determination of parentage is required as part of any […]
“Joint custody” is a complex legal term that can have several meanings. The term may refer to one of California’s several types of child custody arrangements including “pure” joint custody, joint legal custody, or joint physical custody. Each different joint custody arrangement has separate rights attached to it. First, “pure” joint custody refers to an […]
A recent legislative change affecting family law cases was brought about by the 2007 California Supreme Court ruling in Elkins v. Superior Court, which held that reducing live testimony in family law cases deprives parties of due process protection. In response to this ruling, the California legislature enacted a new law regarding the introduction of […]
Under California Family Code Section 2337, a party may obtain what is called a “Status Only Judgment,” which is a judgment that terminates the marriage only, leaving all other issues (division of property, support, custody) to be decided at a later time. The most common reason that a party seeks a status only judgment is […]
A new study suggests that more than one in four of the elderly population will need someone to make their end-of-life decisions for them. This finding places a significant emphasis on the importance of creating a living will and stating after-life wishes explicitly. A living will is a statement that is written by the patient […]
Many people give their spouse a Durable Power of Attorney to handle their financial affairs. In the divorce context, Durable Powers of Attorney are loaded guns. An estranged spouse can use a Durable Power of Attorney to transfer their spouse’s assets to them, take out loans in the name of their spouse, and engage in […]
If you are in the middle of a divorce proceeding, you may be wondering how you should file your tax return, whether you can claim the children as dependency exemptions and how to determine whether support payments should be deducted or included as income. The following brief, non-exhaustive summary will help you navigate these issues […]
When it comes to finances, California law treats spouses just like business partners. In fact, provisions of the California Corporations Code addressing the duties between business partners are incorporated right into the California Family Code. For example, Family Code 721(b), states that marriage is a “[confidential and fiduciary relationship] subject to the same rights and […]
The Elkins Family Law Task Force was appointed in response to an August 2007 California Supreme Court opinion, Elkins v. Superior Court (2007) 41 Cal.4th 1337, which held that marital dissolution trials should “proceed under the same general rules of procedure that govern other civil trials.” The charge of the task force is to propose […]
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1871 The Alameda, Suite 400, San Jose, CA 95126
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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