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LONICH PATTON EHRLICH POLICASTRI
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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Visitation Rights May be Affected by One Parent’s Decision to Move Out of the Area
/in Family Law /by David PattonParental custody and visitation can be a contentious issue in divorce proceedings. In general, the court will grant the noncustodial parent reasonable visitation rights unless it is shown that visitation would be detrimental to the child. Whether you have visitation rights or primary custody of your children, you should be aware of the implication a change in residence may have on your responsibilities to your children and your ex-spouse.
For example, if you have primary custody of the children and live near your ex-spouse and you decide to move away with your children, your responsibility for ensuring your ex-partner continues to have reasonable visitation rights will increase. The court has broad discretion to modify visitation orders to lessen the impact of the loss of contact with the non-custodial parent in these situations. For example, the court may choose to increase visitation rights for the non-custodial parent during school vacations. The court could choose to allocate the financial burden for paying for the children’s travel costs to you. The court could also deny the custodial parent the right to move at all.
However, let’s assume you have primary custody and your ex-spouse decides to move out of the area. In this case, the court may decide to modify the visitation schedule to provide for longer, but less frequent, visitation periods.
If you are interested in learning more about California custody and visitation, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Sperm Donor Parental Status in California
/in Family Law /by Julia LemonAs artificial insemination and in vitro fertilization technology continues to rapidly develop, California law has been struggling to keep up with the times. Specifically, it is becoming increasingly important to protect the rights of mothers who conceive using donor sperm.
To date, the California Family Code has partially addressed this issue. The Family Code provides that a donor who has provided semen to a sperm bank, or to a licensed physician for insemination of a woman, is treated by the law as if he were not the natural father of the child conceived as a result. A recent news story illustrates the importance of the continued development of family law in relation to sperm and egg donation and usage.
Karen B., a writer in Los Angeles, California was looking for a sperm donor to help her start her family. She met the man who would become her sperm donor, Daniel C., on Craiglist after first seeking a donor among her group of close friends. Initially, they agreed that she would retain custody and would make all the parenting decisions while the donor would have visitation privileges. However, after Karen already became pregnant, Daniel began forcing himself into Karen’s life and sought custody rights. The court ruled in favor of Karen’s parental rights, but granted Daniel with twice monthly visitation privileges. However, because of this informal arrangement, Karen lives in fear that Daniel might someday abduct the child to his native Brazil. For the full article see ABC news.
As this particular story illustrates, it is important that California family law continue to develop to protect the parental status, custody, and visitation rights of parents and donors who enter into agreements to conceive a child. In addition, it is of utmost importance that the law continues to expand to serve the primary function of ensuring the safety, stability, and mental health of the child.
For more information about sperm donor rights, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Father Connected to 23 Children Sent to Prison in Child Support Case
/in Family Law /by David PattonA few months back, a man from western Michigan was sent to prison for failing to pay child support. He is alleged to have fathered around 23 children with 14 different women, and owed $533,000 in child support. The mother of two of the children said that it was heartbreaking to have to choose between shoes and rent. Over a period of seven years, she has received less than $90 from the children’s father. For more information please see the full article.
If you are having trouble collecting, or paying, your child support you are certainly not alone. If you have a court order for child support and have been having trouble collecting payments, you can ask the court to help enforce the order. One option is an earnings assignment order. If the court issues an earnings assignment order, the other parent’s employer will be ordered to withhold child support payments from his or her check and send them directly to you.
For more information on how to collect your child support judgment, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Royal Engagement Illustrates the Importance of Consulting a Qualified Attorney before Marriage
/in Family Law /by Michael LonichPrince William recently announced that he and his long-time girlfriend, Kate Middleton, are engaged. The couple met nearly eight years ago while attending the University of St. Andrews in Scotland. The prince decided to propose to Middleton while on a vacation in Kenya, and he surprised her with his mother’s sapphire and diamond engagement ring.
With the announcement of the engagement, the legal field has been buzzing with discussion on whether or not the royal couple will enter into a prenuptial agreement prior to marriage. While prenuptial agreements were previously not valid in the United Kingdom, a landmark case settled earlier this year has paved the way for the prenup’s validity in England.
Prenuptial agreements have been enforceable in California for decades. In fact, a prenuptial agreement is a very effective tool for couples thinking about getting married but wishing to protect their assets. When drafted properly, these documents can help couples decide issues relating to rights and responsibilities during marriage and the division of assets upon a subsequent divorce. However, it is essential that a California prenuptial agreement be drafted by an experienced, licensed attorney to ensure it will be enforceable down the road.
For more information on prenuptial agreements, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Sources:
ABA Journal
ABC News
Do You Need a Revocable or Irrevocable Trust?
/in Estate Planning /by Michael LonichIf you are confused about the difference between a revocable and irrevocable trust, you are not alone. In fact, they do have some similarities. For example, both revocable and irrevocable trusts allow the settlor (person putting assets in the trust) to distribute or transfer their property as provided for in the trust document.
The main difference between the two trusts is related to the settlor’s control over the trust assets. The settlor of an irrevocable trust generally gives up a large degree of control over the property that he or she transfers into the trust. In addition, the settlor may often derive tax benefits from creating an irrevocable trust.
On the other hand, a revocable trust can be canceled (revoked) at any time. However, the revocable trust often has less significant tax benefits. You may wish to create a revocable trust, regardless of any decrease in tax benefits, if you desire to maintain a large degree of control over the trust property. It is important to work with an experienced estate planning attorney to create an estate plan that fits your lifestyle and goals.
For more information about trusts, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.