If you are looking for a child custody lawyer in San Jose California then you are probably facing the reality that there is the possibility, however slight, that you may no longer be able to see your kids as much as you deserve.
A child custody case is one of the most stressful situations that a parent can experience, and many people are often unsure of where to turn. If you want custodial or visitation rights, then it is imperative that you act quickly and purposefully to ensure that you put forward a strong case for your children.
Our team of child custody lawyers in San Jose, California compiled a list of the top three reasons why people lose child custody cases so that you can be better prepared to give your children their best future.
1. Going to Trial Without Proper Preparation
Often parties seem confused by the amount of documentation and testimony that we compile for a strong custodial case. Mothers in particular wonder, “How can a mother lose custody of her child?”
Unfortunately, parents can become overconfident and believe that a judge will hand over custody without the need to prepare a strong case. It is common for the parent who is an underdog to invest in a top-quality child custody lawyer and walk away with custody and a large sum of child support payments.
In order to avoid this possibility, it is advised to hire a reputable child custody lawyer that is well known in your county and experienced with going to trial. This ensures that the judge will have a comprehensive understanding of why you are better suited for being the primary custodian of your children.
2. Not Being Active in Children’s Lives
Judges understand that being the primary custodian involves more than providing shelter and food — it is helping with homework, taking children to extracurricular activities, knowing their medication schedule, and having a strong relationship with them to name a few.
If you were not actively involved in your children’s lives prior to the separation, then it will be significantly more difficult to be granted full custody or become the primary custodian.
However, judges do understand that work obligations are sometimes unavoidable if one parent provides the only source of income. If a parent was unable to be heavily involved in their children’s lives but provides a strong case for their intentions of becoming more involved, then a judge may take the bigger picture into consideration.
3. Having a History of Abuse or Addiction
Judges analyze every detail of a parent’s past behavior and they take certain actions that they deem as potential hazards for children very seriously.
If a parent has a history of being an aggressor in a domestic violence or sexual abuse case, a history of child abuse or neglect, or a history of substance abuse, then they are going to have to put together a strong case to win custody or even be granted visitation rights.
Additionally, if the parent has a criminal background, such as a DUI conviction, then they will have a much harder time proving that they are fit for custodial rights.
If you are a parent who has turned your life around and wish to have a second chance with your children, it is all the more important to hire a child custody lawyer to fight for your parental rights.Set up a free consultation with our experienced child custody lawyers at Lonich Patton Ehrlich Policastri, located in San Jose.
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Often, in our busy society, people don’t find time to put their affairs in order. They think “This can wait” or “I don’t have time today.” However, death is unpredictable. Especially in the current pandemic we are living in. Many people are finding themselves ill, with the symptoms coming on rapidly and without warning. In order to stop the spread of the disease, patients who are hospitalized with coronavirus are kept in isolation. This means that a family member or estate planning attorney can’t get through to put together a will or power of attorney. A power of attorney can appoint someone to make medical decisions for you in the case of your incapacitation (something that is very likely if you contract COVID-19). You need to get ahead of this before it becomes a problem. You want to make sure your affairs are in order in the unfortunate chance you catch coronavirus.
Things to Consider
When finalizing your affairs, there are a few things you should put together before meeting with an attorney. You can, of course, put these together with an estate planning attorney if you need help, but if you can put these together yourself, you can speed up the process.
List Out Your Assets – Make a list of all of your assets. This should include any real estate or properties you own, vehicles such as cars and boats, personal effects like jewelry and valuables, and life insurance policies or 401Ks or other bank accounts. This step may take some time, but make sure you are thorough.
List Beneficiaries – Make a list of everyone you wish to leave something to. You do not have to determine who will receive what at this point in the process. Just having a list of those who you wish to leave something to will help when planning your affairs with your estate planning attorney.
Take Care of Your Children – This is a step for you to dictate who will be the guardian of your children if you have them, and how you wish for them to be raised. While a judge does not have to follow these wishes, it is more likely if you have a firm plan set in place. Coronavirus doesn’t discriminate based on age. Many young parents are contracting the illness. Make sure you have the best interest of your kids in mind when creating a will or trust.
Dictate Your POAs and Directives – There are many different kinds of power of attorney. Deciding who will make financial decisions, medical decisions or the power to sign documents on your behalf can all be laid out in an estate plan.
Wills & Trusts
Many people who are planning for the end of their life are unsure about whether or not to create wills or trusts. An experienced attorney can help explain the difference between the two and can help determine which is best for your situation. Commonly, people use them in tandem with some assets being passed through trusts and others in the will.
Trusts are a popular way of avoiding probate. You can also dictate when the assets or funds in the trust can become available to the beneficiaries. There is even such a thing as a revocable living trust which allows you to revoke the trust while you’re alive. Wills do not have the exemption to probate but are often more practical for certain situations.
Take the first steps and start planning your affairs while you’re in good health. It’s better to be safe than sorry as we live through this deadly and unpredictable coronavirus. If you’re in the Bay Area, set up a free 30-minute virtual consultation with one of our estate planning attorneys. We’re experienced, and strive to make the difficult process of estate planning easier for our clients. You can set up your free virtual consultation here.
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We’re living in a very uncertain time right now. Everything is unprecedented and everyone is handling COVID-19 differently. There are a few common practices being taken by local and state governments that we can lean on for stability. What does the Shelter-In-Place order mean for you and your family, and family law?
What Is A Shelter In Place Order?
Shelter in place orders are employed during or after a crisis to protect the population. These are usually issued locally which is why you are seeing orders with differing stipulations coming out of different states and counties. A shelter in place order requires residents to stay at home with the exception of essential travel and business.
Are Courts And Family Law Firms Considered Essential?
Many people who were facing legal trouble before the pandemic are now wondering how this will affect their cases. Courts and law firms are considered essential businesses, however, they are operating on a restricted basis. Only people who have hearings before the court will be allowed in the courthouses. Each county in the Bay Area has different regulations they are operating under. For Santa Clara, certain courts will remain open during the COVID-19 crisis, one being the Family Law Justice Center Courthouse. They are handling a restricted type of cases at this time. Some of those being:
Child custody and visitation matters – ex parte requests, modifications due to child safety concerns, modifications due to parents withholding visitation
Guardianship with child safety concerns
You can learn more about the matters family law courts are handling here.
Temporary Emergency Rules
During coronavirus, the courts have enacted new emergency rules and revised existing ones to best serve the community. Emergency rule #8 was revised. It discusses the matter of extending protective and restraining orders. There is no longer an automatic extension of duration of orders during the pandemic. Now, the courts must provide persons a way to request renewals and extensions only.
Emergency rule #13 deals with support requests and orders. This rule was created to ease the burden of requesting changes to child support, spousal or partner support, and family support orders during coronavirus. It is more challenging to file requests at this time, and the courts are having a hard time processing them. To deal with this, the courts are allowing service of unfiled requests.
For a list of all temporary emergency rules, go here.
Government Aid and Back Child Support
The government is offering aid to the public in the form of a $1200 stimulus check. This is to offset the damage to the economy and the loss of jobs across the country. Family law matters are affecting the release of these funds. If a parent owes outstanding child support payments, they will see their funds reduced or will not be issued a stimulus check.
To learn more about how family law in the Bay Area is affected by COVID-19, check out these resources here. You can also set up a free virtual consultation with one of our family law attorneys to help you with any questions or cases you may have. You can set up a consultation here.
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The idea that you and your spouse may no longer share your lives together can be devastating and it is common for people to get lost in the emotional toll and legal confusion. When the time is right, however, it is wise to educate yourself on your available options for your next steps with your spouse.
Though the terms legal separation and divorce are often used interchangeably in California, they have distinguishing features. Before pursuing one option, it may be beneficial to understand the difference between legal separation and divorce.
Legal Separation vs. Divorce
Both legal separation and divorce refer to a legal process that arranges the division of property, child custody, visitation rights, and a schedule of alimony payments (when applicable).
A divorce is a firm legal division that legally ends the marriage. People who choose divorce over legal separation are often either hoping to become remarried in the future, hoping to dissolve nearly all financial and legal obligations between the spouses, or see no legal benefit of maintaining their marriage
Though divorce is more common, there are benefits of maintaining a legal separation. With a separation, the spouses’ property and financial assets are still divided, however, the spouses often live separately. The key difference is that spouses who legally separate are still considered legally married and can benefit financially if they so desire.
People who seek legal separation often do so because:
The spouses are having significant difficulties but want the option to work on their marriage in the future
The spouses have not fulfilled the six-month time period that spouses must meet in the state of California before filing for divorce
The spouses do not believe in divorce due to religious or spiritual reasons
One spouse receives health or social security benefits that they wish to continue to share with the other
The spouses want to maintain the tax savings of a married couple
The spouses feel that a separation is less devastating and easier to handle than a divorce
Please keep in mind that certain benefits are not valid after legal separation and it often requires the scrutiny of an experienced lawyer to assess whether the benefits may be shared in a separation.
Often people who undergo a legal separation falsely believe that it is unnecessary to invest in an experienced family law attorney. This mistake can have a devastating financial effect on one spouse if the other spouse hires an aggressive and experienced family law attorney.
The Bottom Line
Though legal separation may appear to be a less complicated process than a divorce, the three most contested issues in a divorce — the separation of assets, child custody and visitation rights, and the schedule of alimony payments — are still all present with legal separation.
Before pursuing a divorce or legal separation, it is advised to speak with an experienced separation and divorce attorney in your area. Lonich Patton Ehrlich Policastri offers free 30-minute consultations for people wishing to educate themselves in family law practice or who have questions regarding their unique situation.
No matter which option you choose, it is important for you to invest in a qualified and reputable family law attorney in San Jose County. LPEP is one of the largest family law firms in the Bay Area, with more than 100 years of combined experience. Set up a free virtual consultation here.
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Harassment is a form of abuse that no person should have to endure. It can affect your mood, work performance, sleep schedule and overall well-being which may lead to more issues down the road. This is why it’s best to take the steps of dealing with harassment seriously by hiring a harassment lawyer. Lonich Patton Ehrlich Policastri can better inform you of what harassment is, how their harassment lawyers can help, and what you can do to protect yourself from harassment and domestic violence in the Bay Area.
What Qualifies as Harassment?
Unfortunately, harassment in cases of domestic violence comes in many different forms and is not uncommon. Overall, this type of harassment includes verbal (in person or multimedia communication) or physical actions that create an offensive, hostile, and/or uncomfortable environment for the victim. Sexual harassment includes unwelcome verbal comments or physical actions that are of a sexual nature.
Typically, to be treated as harassment, the action(s) must happen more than once. There are exceptions to this in cases of extreme acts of harassment, aggression, abuse, etc.
Lonich Patton Ehrlich Policastri deals specifically with harassment in regards to domestic violence cases. If you are being harassed and abused by someone close to you, help is available.
35.6% of women and 28.5% of men in the United States have experienced abuse or harassment in some form by an intimate partner in their lifetime. That’s over 1 in 3 women and more than 1 in 4 men (National Domestic Violence Hotline).
If you’re suffering from domestic abuse and harassment, or if you feel unsafe, there are steps you can take.
Safety Precautions
Meeting with a harassment lawyer is a good idea if you are unsure of what actions to take. Until then, be sure to keep documentation of any occurrences related to the harassment and any information that could be of use later on.
If possible, reach out to someone you can trust. Attempt to find witnesses who will support you and back you up.
Keep records of every important detail regarding your situation in case you need it later. Reach out for assistance if at all necessary, to ensure you are doing the best for yourself.
You may want to consider getting a restraining order for your personal safety and the safety of your children if you have them.
What Harassment Lawyers Can Do for You
Seeking out a lawyer before reporting your harassment may be best for you if there are chances of retaliation from your harasser, or if you are unsure of how to properly report the harassment or domestic violence. There is nothing wrong with contacting a harassment lawyer just to be safe. Domestic violence is a delicate matter that requires knowledgeable and responsible guidance.
Harassment lawyers can help you decide and go through the necessary steps of reporting harassment or abuse following your area’s laws. Helping with descriptive statements and documentation can come as a great help in case nerves or fear set in while attempting to recall events later on.
A lawyer can also help you set up a restraining order with the local authorities. They can work with you to gather evidence proving your claims, and can help develop the stipulations under which you want the restraining order to function and protect you.
In addition to this, harassment lawyers will monitor the behavior regarding your harasser and their responses to the report. A lawyer can aid in ensuring your safety, as well as the accuracy of all legal statements along the way to bring you the best outcome possible.
Luckily, harassment and domestic violence is taken seriously in the Bay Area and surrounding cities, and LPEP is well equipped to dealing with these situations.
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Are you and your spouse considering divorce? It’s a tricky subject and often, a point of contention. Taking the necessary steps to ensure you’re prepared can make all the difference. Hiring a divorce lawyer to help you with divorce planning is recommended for a myriad of reasons; one being that it can prevent a nasty trial in some cases.
Our San Jose divorce lawyers explain what you need to know to prepare for your divorce.
What Is Divorce Planning?
Divorce planning is done by a spouse with the help of a divorce lawyer. In the time leading up to actually requesting a divorce from your spouse, you will work with an attorney to plan out where you are currently and where you want to be after your divorce.
Divorce planning covers all areas of your life from your living situation to child custody. The end goal is to make your divorce as smooth as possible and to result in a favorable outcome for you.
What Areas Should You And Your Divorce Attorney Consider?
How to tell your spouse – One of the most rattling parts of divorce is deciding how to broach the subject with your spouse. It can be intimidating and often very emotional. An experienced divorce lawyer can work with you to anticipate how your spouse is likely to react to the news, and how best to approach the subject with them for an efficient, logical conversation.
You may also need to plan how to tell your children about the divorce. This is something you can plan ahead of time and then collaborate on with your spouse after you’ve informed them of your decision.
Where you will live – As a couple, you most likely have acquired property together. At the very least, you are on a lease together. You will need to create a plan with your attorney for where you will live. You can do this by planning out a budget to ensure you can afford new living situations. You will also have to consider where your children will live during the divorce if you have children with your spouse.
Spousal Support – If you are the breadwinner or the sole earner of your household, be prepared for the financial responsibility you have towards your spouse. You may be required by court to pay spousal support during the divorce proceedings. If you are the non-earning spouse, don’t expect spousal support. It is not guaranteed. It is best to consider getting a job. A divorce lawyer can help inform you of your options, whether you’re the primary earner or the non-earner in your relationship.
What about the children? – If you have children, there is a lot of planning to be done in this area. For instance, where will they live? Will you and your spouse share custody or do you plan to fight for sole custody? If you’re the primary earner, you will probably have to pay child support. You will need to work with a divorce lawyer to plan for the specifics of this future expense. If you are the non-earner, will you be requesting child support? If you and your spouse live in different districts, where will the children attend school, and how will the custody schedule work around that schedule?
Paperwork – An experienced attorney can inform you of all the paperwork and documents you will need to file for divorce. They can also guide you through the filing process such as where to file and what the laws are regarding divorce.
Having an experienced divorce lawyer to help you with divorce planning is crucial. They can keep you informed and position you for the best possible outcome for your divorce. Whatever your position in the marriage, Lonich Patton Ehrlich Policastri is prepared to help you. Get strong representation to help you with your plan. Set up a free planning consultation today.
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The idea that you will not be around forever is never an easy truth to face, and knowing that you will leave behind loved ones makes it even more challenging.
In order to make the situation easier for your loved ones, it is essential that you take the appropriate actions to guarantee that you will leave them with their intended assets.
The most important thing that you can do to ensure that your property is handled appropriately is to create a last will. A will is a legal document that dictates who will receive your property, names guardians for your children, and even allows you to specify funeral arrangements.
Steps to Creating a Last Will
1. Do Your Research
The most important step in setting up your last will is to conduct research and do your due diligence to ensure that the appropriate legal measures are taken. These specific processes vary by state, thus it is highly recommended to conduct this process with the assistance of a qualified and reputable lawyer.
2. Aggregate Your Assets
When setting up your last will, it is imperative that you create an organized list that includes all your real estate, bank accounts, insurance policies, and retirement accounts. Make sure that all of the account numbers, answers to security questions, and any other necessary information is included.
3. Choose Your Executor
An executor of the will is the person legally responsible for ensuring that all specifications of your will are carried out, your assets are appropriately distributed, and that your financial assets are resolved.
It is highly recommended that this person receives part of your assets since they bear the responsibility of executing your will.
4. Choose Your Beneficiaries
Your beneficiaries are the people who will receive your assets upon your passing. It is important that you are specific with naming the people and stating the amounts that they will receive.
5. Name Guardians for Your Children
If you have children under the age of 18, it is recommended to make a list of at least three guardians (in order of preference) for your children if you pass away. This ensures that there are people of your choosing who will take care of your children if the first choice is unable to do so. If you have the means, it is wise to leave the guardians with financial assistance by naming them as beneficiaries as well.
6. Select a Witness to Sign Your Last Will
You must have a witness sign your will who is not a beneficiary. The number of witnesses involved and the formalities of signing vary by state. It is important that the specifications are carried through exactly as mandated or else your will may not hold up during probate
7. Keep Your Will In a Safe Location
Once your last will has been lawfully created, it is important to keep it in a safe, secure, and accessible location. It is also wise to inform a trusted person, perhaps your executor, of its locations.
Updating Your Last Will
You should always update your will after the event of a significant life event regarding:
A marriage or divorce
An acquisition of new property
The birth of a child
The death of a spouse
The sale or purchase of a business
The Bottom Line
If your estate is particularly large, you have joint custody of a property, you own a business, you own property abroad, or if you think someone may question the validity of your will then it is especially important to hire a lawyer for your last will.
Lonich Patton Ehrlich Policastri in San Jose is a reputable law firm whose lawyers make it their priority to protect your assets from an extensive probate process.
If you are living in San Jose and want to leave a legacy for your loved ones, our attorneys will help make your intentions a reality. Set up a free consultation with us.
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You may have heard of shareholder agreements but have you heard of the more specific Buy-Sell Agreement? This is a fundamental succession planning tool when it comes to owning and operating a business. It is especially helpful in the case of family businesses.
What Is A Buy-Sell Agreement?
Similar to how a will dictates how assets will be transferred in death, a buy-sell agreement is a legal document that dictates where an owner or partner’s share of a business will go in the case of certain life events (i.e. death, retirement, etc.)
Having an agreement like this in place protects the family business. It protects family assets so that everything stays in the family’s control and so that nothing can be transferred outside the family. These agreements can dictate the succession of ownership.
How It Protects Your Family Business
Often, for a myriad of reasons, one family member or partner will try to sell their share of the business. This can cause issues if they’re trying to sell their share outside of the family.Without an agreement in place, they can sell their share off legally despite their intentions. Setting up a buy-sell agreement means you can dictate how shares and assets are transferred or sold. You can create certain stipulations that prevent a family member from selling outside the family.
It can also help to have an agreement in place in case of a divorce. In California, any assets acquired during a marriage qualify as community property. This means that a spouse of the family owner can lay claim to their share of the family business. If you create a strict buy-sell document that requires the spouse to sell their share back to the company in the case of a divorce, you can prevent the share from transferring outside of the family.
The agreements are meant to be put in place in preparation of certain life events. If there is a divorce, or a retirement or a death, a plan is in place to prevent chaos. It is also great to have in place in the case of incapacitation which can include dementia or other things that prevent a person from acting in a mentally sound way or making informed choices.
Having a buy-sell agreement can assure the long term survival of a family business. Why would you not want to have that added layer of protection?
A Buy-Sell Agreement…
Ensures shares stay in the family
Creates a special space where shares can be bought and sold under dictated parameters
Identifies potential future events and conditions that trigger the agreement. These will determine what happens to that share
Determines the valuation of business shares
Specifies the source of funding for the purchase. Where does the money that will be paid in the transfer come from?
If you own a family business or a partner in one, you should consider the benefits of having a buy-sell agreement. That extra protection can ensure the longevity of your company. Live in the greater San Jose and Bay area? Set up your free consultation with Lonich Patton Ehrlich Policastri today.
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There are many reasons residents of California seek out power of attorney(POA). If you have an older parent with dementia who struggles to act on their own, POA is a way to assure decisions that need to be made are made soundly. If you are being deployed, granting someone power of attorney can allow them to act for you in necessary areas while you are away. If you own a property and reside far away from it, you can grant POA so that someone who lives closer can manage your property for you. These are just a few instances in which the power of attorney becomes valuable. Most likely, you know why you need POA. The question is, how do you get it?
What Is Power Of Attorney?
POA is a legal document through which a person (aka agent) is appointed to make medical and financial decisions on a person’s (principal’s) behalf.
This seems simple in theory, but there are several types of POA, and that’s where things get a little confusing. When you add the different laws per state, things become very murky for those seeking legal help. Lonich Patton Ehrlich Policastri, a legal firm in San Jose, CA, can help clear things up for California residents by breaking down the types of POA.
What Are The Different Versions Of Power Of Attorney?
There are a few different types of POA. To get started, you need to determine which type is right for your situation.
Durable – This document allows you to choose someone to act for you financially and medically, and grants decision making power regardless of future incapacitation. The incapacitation addendum for this specific document means that even if the principal becomes incapacitated, the document will remain valid.
An alternate version of this is the Springing POA in which the document only becomes active when the person becomes incapacitated.
General – This is known as the financial power of attorney as it grants no power over medical decision making. This also differs from the durable POA because it has no incapacitation addendum. This means if the principal becomes incapacitated, the document will become void. This document is effective immediately.
Limited – This document allows you to choose someone to act in your place for a specific or single duty. Once the duty is complete, the form becomes void. An example of this would be for a real estate transaction that is taking place. POA is only needed on a temporary basis for a very narrow and specific instance.
Medical – This is also known as a Health Care POA. This grants decision making power for all medical reasons. It also has an incapacitation addendum. It only grants power if the principal is unable to make decisions for themself.
What Happens Next?
So, you’ve determined which document you need. What’s next? There are a couple of legal requirements to complete a power of attorney.
The agent must be 18 years old at least and mentally sound. They should also be someone you trust and can rely on to act in your best interests.
Many people wonder if the document needs to be notarized or witnessed. Based on California law, it can be either.
You can notarize a document for little cost. Some USPS locations now have notaries onsite. While it isn’t required, it is recommended to have real estate matters notarized for solid records.
Having a document witnessed can be a little more intricate. You must have 2 independent witnesses that are adults and mentally sound. The named agent of the POA cannot be a witness. For medical POAs, a healthcare provider or employee of the healthcare provider cannot be a witness either. Once you have your two witnesses, you must sign the document in the presence of the witnesses or you must go through a process known as acknowledgment. This can be as simple as signing the document and calling the witnesses over to say “I signed this. This is my signature.”
If you live in the greater Bay area, such as San Jose, and are in need of legal advice on POA, contact Lonich Patton Ehrlich Policastri. They offer free 30 minute consultations and can help you choose the right document for your situation. Set up your consultation here.
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Free 30-Minute Family Law or Estate Planning Consultation
3 Common Reasons People Lose Child Custody Cases According To A Child Custody Lawyer
/0 Comments/in Uncategorized /by Lonich Patton Ehrlich PolicastriIf you are looking for a child custody lawyer in San Jose California then you are probably facing the reality that there is the possibility, however slight, that you may no longer be able to see your kids as much as you deserve.
A child custody case is one of the most stressful situations that a parent can experience, and many people are often unsure of where to turn. If you want custodial or visitation rights, then it is imperative that you act quickly and purposefully to ensure that you put forward a strong case for your children.
Our team of child custody lawyers in San Jose, California compiled a list of the top three reasons why people lose child custody cases so that you can be better prepared to give your children their best future.
1. Going to Trial Without Proper Preparation
Often parties seem confused by the amount of documentation and testimony that we compile for a strong custodial case. Mothers in particular wonder, “How can a mother lose custody of her child?”
Unfortunately, parents can become overconfident and believe that a judge will hand over custody without the need to prepare a strong case. It is common for the parent who is an underdog to invest in a top-quality child custody lawyer and walk away with custody and a large sum of child support payments.
In order to avoid this possibility, it is advised to hire a reputable child custody lawyer that is well known in your county and experienced with going to trial. This ensures that the judge will have a comprehensive understanding of why you are better suited for being the primary custodian of your children.
2. Not Being Active in Children’s Lives
Judges understand that being the primary custodian involves more than providing shelter and food — it is helping with homework, taking children to extracurricular activities, knowing their medication schedule, and having a strong relationship with them to name a few.
If you were not actively involved in your children’s lives prior to the separation, then it will be significantly more difficult to be granted full custody or become the primary custodian.
However, judges do understand that work obligations are sometimes unavoidable if one parent provides the only source of income. If a parent was unable to be heavily involved in their children’s lives but provides a strong case for their intentions of becoming more involved, then a judge may take the bigger picture into consideration.
3. Having a History of Abuse or Addiction
Judges analyze every detail of a parent’s past behavior and they take certain actions that they deem as potential hazards for children very seriously.
If a parent has a history of being an aggressor in a domestic violence or sexual abuse case, a history of child abuse or neglect, or a history of substance abuse, then they are going to have to put together a strong case to win custody or even be granted visitation rights.
Additionally, if the parent has a criminal background, such as a DUI conviction, then they will have a much harder time proving that they are fit for custodial rights.
If you are a parent who has turned your life around and wish to have a second chance with your children, it is all the more important to hire a child custody lawyer to fight for your parental rights.Set up a free consultation with our experienced child custody lawyers at Lonich Patton Ehrlich Policastri, located in San Jose.
Don’t Wait Until It’s Too Late – Plan Your Affairs Before Contracting Coronavirus
/0 Comments/in Uncategorized /by Lonich Patton Ehrlich PolicastriOften, in our busy society, people don’t find time to put their affairs in order. They think “This can wait” or “I don’t have time today.” However, death is unpredictable. Especially in the current pandemic we are living in. Many people are finding themselves ill, with the symptoms coming on rapidly and without warning. In order to stop the spread of the disease, patients who are hospitalized with coronavirus are kept in isolation. This means that a family member or estate planning attorney can’t get through to put together a will or power of attorney. A power of attorney can appoint someone to make medical decisions for you in the case of your incapacitation (something that is very likely if you contract COVID-19). You need to get ahead of this before it becomes a problem. You want to make sure your affairs are in order in the unfortunate chance you catch coronavirus.
Things to Consider
When finalizing your affairs, there are a few things you should put together before meeting with an attorney. You can, of course, put these together with an estate planning attorney if you need help, but if you can put these together yourself, you can speed up the process.
Wills & Trusts
Many people who are planning for the end of their life are unsure about whether or not to create wills or trusts. An experienced attorney can help explain the difference between the two and can help determine which is best for your situation. Commonly, people use them in tandem with some assets being passed through trusts and others in the will.
Trusts are a popular way of avoiding probate. You can also dictate when the assets or funds in the trust can become available to the beneficiaries. There is even such a thing as a revocable living trust which allows you to revoke the trust while you’re alive. Wills do not have the exemption to probate but are often more practical for certain situations.
Take the first steps and start planning your affairs while you’re in good health. It’s better to be safe than sorry as we live through this deadly and unpredictable coronavirus. If you’re in the Bay Area, set up a free 30-minute virtual consultation with one of our estate planning attorneys. We’re experienced, and strive to make the difficult process of estate planning easier for our clients. You can set up your free virtual consultation here.
How COVID-19 is Affecting Family Law
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriWe’re living in a very uncertain time right now. Everything is unprecedented and everyone is handling COVID-19 differently. There are a few common practices being taken by local and state governments that we can lean on for stability. What does the Shelter-In-Place order mean for you and your family, and family law?
What Is A Shelter In Place Order?
Shelter in place orders are employed during or after a crisis to protect the population. These are usually issued locally which is why you are seeing orders with differing stipulations coming out of different states and counties. A shelter in place order requires residents to stay at home with the exception of essential travel and business.
Are Courts And Family Law Firms Considered Essential?
Many people who were facing legal trouble before the pandemic are now wondering how this will affect their cases. Courts and law firms are considered essential businesses, however, they are operating on a restricted basis. Only people who have hearings before the court will be allowed in the courthouses. Each county in the Bay Area has different regulations they are operating under. For Santa Clara, certain courts will remain open during the COVID-19 crisis, one being the Family Law Justice Center Courthouse. They are handling a restricted type of cases at this time. Some of those being:
You can learn more about the matters family law courts are handling here.
Temporary Emergency Rules
During coronavirus, the courts have enacted new emergency rules and revised existing ones to best serve the community. Emergency rule #8 was revised. It discusses the matter of extending protective and restraining orders. There is no longer an automatic extension of duration of orders during the pandemic. Now, the courts must provide persons a way to request renewals and extensions only.
Emergency rule #13 deals with support requests and orders. This rule was created to ease the burden of requesting changes to child support, spousal or partner support, and family support orders during coronavirus. It is more challenging to file requests at this time, and the courts are having a hard time processing them. To deal with this, the courts are allowing service of unfiled requests.
For a list of all temporary emergency rules, go here.
Government Aid and Back Child Support
The government is offering aid to the public in the form of a $1200 stimulus check. This is to offset the damage to the economy and the loss of jobs across the country. Family law matters are affecting the release of these funds. If a parent owes outstanding child support payments, they will see their funds reduced or will not be issued a stimulus check.
To learn more about how family law in the Bay Area is affected by COVID-19, check out these resources here. You can also set up a free virtual consultation with one of our family law attorneys to help you with any questions or cases you may have. You can set up a consultation here.
Child Custody, How SCCSC Judge Dealt with COVID-19 Rule
/0 Comments/in Family Law, News /by Lonich Patton Ehrlich PolicastriThe Difference Between Legal Separation And Divorce
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriThe idea that you and your spouse may no longer share your lives together can be devastating and it is common for people to get lost in the emotional toll and legal confusion. When the time is right, however, it is wise to educate yourself on your available options for your next steps with your spouse.
Though the terms legal separation and divorce are often used interchangeably in California, they have distinguishing features. Before pursuing one option, it may be beneficial to understand the difference between legal separation and divorce.
Legal Separation vs. Divorce
Both legal separation and divorce refer to a legal process that arranges the division of property, child custody, visitation rights, and a schedule of alimony payments (when applicable).
A divorce is a firm legal division that legally ends the marriage. People who choose divorce over legal separation are often either hoping to become remarried in the future, hoping to dissolve nearly all financial and legal obligations between the spouses, or see no legal benefit of maintaining their marriage
Though divorce is more common, there are benefits of maintaining a legal separation. With a separation, the spouses’ property and financial assets are still divided, however, the spouses often live separately. The key difference is that spouses who legally separate are still considered legally married and can benefit financially if they so desire.
People who seek legal separation often do so because:
Please keep in mind that certain benefits are not valid after legal separation and it often requires the scrutiny of an experienced lawyer to assess whether the benefits may be shared in a separation.
Often people who undergo a legal separation falsely believe that it is unnecessary to invest in an experienced family law attorney. This mistake can have a devastating financial effect on one spouse if the other spouse hires an aggressive and experienced family law attorney.
The Bottom Line
Though legal separation may appear to be a less complicated process than a divorce, the three most contested issues in a divorce — the separation of assets, child custody and visitation rights, and the schedule of alimony payments — are still all present with legal separation.
Before pursuing a divorce or legal separation, it is advised to speak with an experienced separation and divorce attorney in your area. Lonich Patton Ehrlich Policastri offers free 30-minute consultations for people wishing to educate themselves in family law practice or who have questions regarding their unique situation.
No matter which option you choose, it is important for you to invest in a qualified and reputable family law attorney in San Jose County. LPEP is one of the largest family law firms in the Bay Area, with more than 100 years of combined experience. Set up a free virtual consultation here.
Consulting Harassment Lawyers – How to Seek Out Help
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriHarassment is a form of abuse that no person should have to endure. It can affect your mood, work performance, sleep schedule and overall well-being which may lead to more issues down the road. This is why it’s best to take the steps of dealing with harassment seriously by hiring a harassment lawyer. Lonich Patton Ehrlich Policastri can better inform you of what harassment is, how their harassment lawyers can help, and what you can do to protect yourself from harassment and domestic violence in the Bay Area.
What Qualifies as Harassment?
Unfortunately, harassment in cases of domestic violence comes in many different forms and is not uncommon. Overall, this type of harassment includes verbal (in person or multimedia communication) or physical actions that create an offensive, hostile, and/or uncomfortable environment for the victim. Sexual harassment includes unwelcome verbal comments or physical actions that are of a sexual nature.
Typically, to be treated as harassment, the action(s) must happen more than once. There are exceptions to this in cases of extreme acts of harassment, aggression, abuse, etc.
Lonich Patton Ehrlich Policastri deals specifically with harassment in regards to domestic violence cases. If you are being harassed and abused by someone close to you, help is available.
35.6% of women and 28.5% of men in the United States have experienced abuse or harassment in some form by an intimate partner in their lifetime. That’s over 1 in 3 women and more than 1 in 4 men (National Domestic Violence Hotline).
If you’re suffering from domestic abuse and harassment, or if you feel unsafe, there are steps you can take.
Safety Precautions
Meeting with a harassment lawyer is a good idea if you are unsure of what actions to take. Until then, be sure to keep documentation of any occurrences related to the harassment and any information that could be of use later on.
If possible, reach out to someone you can trust. Attempt to find witnesses who will support you and back you up.
Keep records of every important detail regarding your situation in case you need it later. Reach out for assistance if at all necessary, to ensure you are doing the best for yourself.
You may want to consider getting a restraining order for your personal safety and the safety of your children if you have them.
What Harassment Lawyers Can Do for You
Seeking out a lawyer before reporting your harassment may be best for you if there are chances of retaliation from your harasser, or if you are unsure of how to properly report the harassment or domestic violence. There is nothing wrong with contacting a harassment lawyer just to be safe. Domestic violence is a delicate matter that requires knowledgeable and responsible guidance.
Harassment lawyers can help you decide and go through the necessary steps of reporting harassment or abuse following your area’s laws. Helping with descriptive statements and documentation can come as a great help in case nerves or fear set in while attempting to recall events later on.
A lawyer can also help you set up a restraining order with the local authorities. They can work with you to gather evidence proving your claims, and can help develop the stipulations under which you want the restraining order to function and protect you.
In addition to this, harassment lawyers will monitor the behavior regarding your harasser and their responses to the report. A lawyer can aid in ensuring your safety, as well as the accuracy of all legal statements along the way to bring you the best outcome possible.
Luckily, harassment and domestic violence is taken seriously in the Bay Area and surrounding cities, and LPEP is well equipped to dealing with these situations.
The lawyers at Lonich Patton Ehrlich Policastri are here to help those in the Bay Area get the assistance and safety they deserve. Reach out today if you need direction or legal assistance in regards to workplace harassment. We are discreet.
Divorce Planning – What You Need To Know
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriAre you and your spouse considering divorce? It’s a tricky subject and often, a point of contention. Taking the necessary steps to ensure you’re prepared can make all the difference. Hiring a divorce lawyer to help you with divorce planning is recommended for a myriad of reasons; one being that it can prevent a nasty trial in some cases.
Our San Jose divorce lawyers explain what you need to know to prepare for your divorce.
What Is Divorce Planning?
Divorce planning is done by a spouse with the help of a divorce lawyer. In the time leading up to actually requesting a divorce from your spouse, you will work with an attorney to plan out where you are currently and where you want to be after your divorce.
Divorce planning covers all areas of your life from your living situation to child custody. The end goal is to make your divorce as smooth as possible and to result in a favorable outcome for you.
What Areas Should You And Your Divorce Attorney Consider?
You may also need to plan how to tell your children about the divorce. This is something you can plan ahead of time and then collaborate on with your spouse after you’ve informed them of your decision.
Having an experienced divorce lawyer to help you with divorce planning is crucial. They can keep you informed and position you for the best possible outcome for your divorce. Whatever your position in the marriage, Lonich Patton Ehrlich Policastri is prepared to help you. Get strong representation to help you with your plan. Set up a free planning consultation today.
What Goes Into Setting Up A Last Will?
/1 Comment/in Estate Planning /by Lonich Patton Ehrlich PolicastriThe idea that you will not be around forever is never an easy truth to face, and knowing that you will leave behind loved ones makes it even more challenging.
In order to make the situation easier for your loved ones, it is essential that you take the appropriate actions to guarantee that you will leave them with their intended assets.
The most important thing that you can do to ensure that your property is handled appropriately is to create a last will. A will is a legal document that dictates who will receive your property, names guardians for your children, and even allows you to specify funeral arrangements.
Steps to Creating a Last Will
1. Do Your Research
The most important step in setting up your last will is to conduct research and do your due diligence to ensure that the appropriate legal measures are taken. These specific processes vary by state, thus it is highly recommended to conduct this process with the assistance of a qualified and reputable lawyer.
2. Aggregate Your Assets
When setting up your last will, it is imperative that you create an organized list that includes all your real estate, bank accounts, insurance policies, and retirement accounts. Make sure that all of the account numbers, answers to security questions, and any other necessary information is included.
3. Choose Your Executor
An executor of the will is the person legally responsible for ensuring that all specifications of your will are carried out, your assets are appropriately distributed, and that your financial assets are resolved.
It is highly recommended that this person receives part of your assets since they bear the responsibility of executing your will.
4. Choose Your Beneficiaries
Your beneficiaries are the people who will receive your assets upon your passing. It is important that you are specific with naming the people and stating the amounts that they will receive.
5. Name Guardians for Your Children
If you have children under the age of 18, it is recommended to make a list of at least three guardians (in order of preference) for your children if you pass away. This ensures that there are people of your choosing who will take care of your children if the first choice is unable to do so. If you have the means, it is wise to leave the guardians with financial assistance by naming them as beneficiaries as well.
6. Select a Witness to Sign Your Last Will
You must have a witness sign your will who is not a beneficiary. The number of witnesses involved and the formalities of signing vary by state. It is important that the specifications are carried through exactly as mandated or else your will may not hold up during probate
7. Keep Your Will In a Safe Location
Once your last will has been lawfully created, it is important to keep it in a safe, secure, and accessible location. It is also wise to inform a trusted person, perhaps your executor, of its locations.
Updating Your Last Will
You should always update your will after the event of a significant life event regarding:
The Bottom Line
If your estate is particularly large, you have joint custody of a property, you own a business, you own property abroad, or if you think someone may question the validity of your will then it is especially important to hire a lawyer for your last will.
Lonich Patton Ehrlich Policastri in San Jose is a reputable law firm whose lawyers make it their priority to protect your assets from an extensive probate process.
If you are living in San Jose and want to leave a legacy for your loved ones, our attorneys will help make your intentions a reality. Set up a free consultation with us.
Buy-Sell Agreement In Family Business
/0 Comments/in Business Law, Estate Planning /by Lonich Patton Ehrlich PolicastriYou may have heard of shareholder agreements but have you heard of the more specific Buy-Sell Agreement? This is a fundamental succession planning tool when it comes to owning and operating a business. It is especially helpful in the case of family businesses.
What Is A Buy-Sell Agreement?
Similar to how a will dictates how assets will be transferred in death, a buy-sell agreement is a legal document that dictates where an owner or partner’s share of a business will go in the case of certain life events (i.e. death, retirement, etc.)
Having an agreement like this in place protects the family business. It protects family assets so that everything stays in the family’s control and so that nothing can be transferred outside the family. These agreements can dictate the succession of ownership.
How It Protects Your Family Business
Often, for a myriad of reasons, one family member or partner will try to sell their share of the business. This can cause issues if they’re trying to sell their share outside of the family.Without an agreement in place, they can sell their share off legally despite their intentions. Setting up a buy-sell agreement means you can dictate how shares and assets are transferred or sold. You can create certain stipulations that prevent a family member from selling outside the family.
It can also help to have an agreement in place in case of a divorce. In California, any assets acquired during a marriage qualify as community property. This means that a spouse of the family owner can lay claim to their share of the family business. If you create a strict buy-sell document that requires the spouse to sell their share back to the company in the case of a divorce, you can prevent the share from transferring outside of the family.
The agreements are meant to be put in place in preparation of certain life events. If there is a divorce, or a retirement or a death, a plan is in place to prevent chaos. It is also great to have in place in the case of incapacitation which can include dementia or other things that prevent a person from acting in a mentally sound way or making informed choices.
Having a buy-sell agreement can assure the long term survival of a family business. Why would you not want to have that added layer of protection?
A Buy-Sell Agreement…
If you own a family business or a partner in one, you should consider the benefits of having a buy-sell agreement. That extra protection can ensure the longevity of your company. Live in the greater San Jose and Bay area? Set up your free consultation with Lonich Patton Ehrlich Policastri today.
How To Get Power Of Attorney In California
/0 Comments/in Estate Planning /by Lonich Patton Ehrlich PolicastriThere are many reasons residents of California seek out power of attorney(POA). If you have an older parent with dementia who struggles to act on their own, POA is a way to assure decisions that need to be made are made soundly. If you are being deployed, granting someone power of attorney can allow them to act for you in necessary areas while you are away. If you own a property and reside far away from it, you can grant POA so that someone who lives closer can manage your property for you. These are just a few instances in which the power of attorney becomes valuable. Most likely, you know why you need POA. The question is, how do you get it?
What Is Power Of Attorney?
POA is a legal document through which a person (aka agent) is appointed to make medical and financial decisions on a person’s (principal’s) behalf.
This seems simple in theory, but there are several types of POA, and that’s where things get a little confusing. When you add the different laws per state, things become very murky for those seeking legal help. Lonich Patton Ehrlich Policastri, a legal firm in San Jose, CA, can help clear things up for California residents by breaking down the types of POA.
What Are The Different Versions Of Power Of Attorney?
There are a few different types of POA. To get started, you need to determine which type is right for your situation.
An alternate version of this is the Springing POA in which the document only becomes active when the person becomes incapacitated.
What Happens Next?
So, you’ve determined which document you need. What’s next? There are a couple of legal requirements to complete a power of attorney.
The agent must be 18 years old at least and mentally sound. They should also be someone you trust and can rely on to act in your best interests.
Many people wonder if the document needs to be notarized or witnessed. Based on California law, it can be either.
You can notarize a document for little cost. Some USPS locations now have notaries onsite. While it isn’t required, it is recommended to have real estate matters notarized for solid records.
Having a document witnessed can be a little more intricate. You must have 2 independent witnesses that are adults and mentally sound. The named agent of the POA cannot be a witness. For medical POAs, a healthcare provider or employee of the healthcare provider cannot be a witness either. Once you have your two witnesses, you must sign the document in the presence of the witnesses or you must go through a process known as acknowledgment. This can be as simple as signing the document and calling the witnesses over to say “I signed this. This is my signature.”
If you live in the greater Bay area, such as San Jose, and are in need of legal advice on POA, contact Lonich Patton Ehrlich Policastri. They offer free 30 minute consultations and can help you choose the right document for your situation. Set up your consultation here.