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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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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.
Less Costly Divorce Alternatives Exist in California
/in Family Law /by Mitchell EhrlichA study that came out earlier this year reported a decline in the number of divorces occurring during the recession. In 2005, the divorce rate was 17.3 percent. This number sank to 16.4 in 2009. Yet, depending on how you interpret the results, this could be both good and bad news. The good news is that there are fewer divorces which may mean that some couples may be finding ways to work through rough patches. However, the bad news is that this could also mean that couples who are badly in need of a divorce are not seeking them due to financial strain. For the article discussing the study, please click here.
Do you feel stuck in a dead-end marriage but can’t afford to get out? If so, you have many options available to you. First, it is likely a good idea to seek the advice of a qualified family law attorney. Your lawyer can help you figure out what is the best way to meet your goals. For example, your lawyer may suggest you try divorce mediation. Divorce mediation is a process of divorcing where a neutral third party helps the couple divide assets and make decisions regarding custody and other issues. Your attorney may suggest divorce mediation if the divorce has been a mutual decision and if both parties have no desire to reconcile.
If divorce mediation is not an option, your attorney may suggest filing for a legal separation. A legal separation does not legally end your marriage. Rather, it allows you and your spouse to live separately and make sole decisions about money, property, and parenting issues.
For more information about more affordable divorce alternatives 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.