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Woman Viewed Through Window Of Caf??? Using Mobile Phone. social media
Gina Policastri

Digital Divorce: The Role of Social Media in Family Law Cases

March 29, 2024/in Family Law /by Gina Policastri

In the age of technology, the impact of social media on almost every aspect of our lives is undeniable, and one area where its influence is increasingly significant is in family law. But how does our social media presence actually affect family law cases?

From the use of digital evidence in custody battles to the implications of online behavior on spousal support and property division, it’s becoming more and more important to understand how social media can impact your case. Join us as we explore the nuances, challenges, and consequences of social media in contemporary family law.

The Role of Social Media in Family Law Cases in California

In divorce proceedings, social media platforms often become a digital battleground where evidence is gathered and scrutinized. Courts in California increasingly consider digital footprints when making determinations related to child custody, spousal support, and property division. 

In child custody cases, California courts may consider online behavior and communications as crucial factors when determining the best interests of the child. Parents vying for custody often find their social media profiles under scrutiny, as posts, photos, and interactions can offer insights into their lifestyle, values, and ability to provide a stable environment.

The Types of Social Posts that may Impact Family Law Cases

Several types of social media posts hold particular relevance and may impact legal proceedings, including: 

  • Financial status: Posts revealing extravagant purchases, luxurious vacations, or business ventures can impact spousal support and property division determinations. Such posts may contradict claims of financial hardship or show undisclosed assets.
  • New relationships: Posts disclosing new romantic relationships or cohabitation arrangements before your divorce proceedings are finalized may show evidence of infidelity, which could impact child custody, alimony, and property division. 
  • Substance abuse: Posts involving substance abuse, reckless behavior, or inappropriate conduct may affect issues such as child custody, visitation rights, and spousal support.

Overall, the types of social media posts that may impact family law cases encompass a wide range of content, from parenting practices and financial status to behavior and communication patterns.

How to Protect Yourself Online During a Family Law Case

You don’t need to completely erase your online presence, but protecting yourself on social media during family law proceedings is crucial to prevent potential complications that may impact the outcomes of your case. You may like to: 

  • Think twice before posting: Avoid sharing sensitive information about your case, emotions, or personal life. Refrain from making disparaging remarks about your ex-spouse or engaging in online interactions.
  • Adjust privacy settings: Limit the audience for your posts and ensure that only those you trust have access to your personal information. Regularly update these settings to maintain control over your online presence.
  • Don’t use social media to vent: Avoid discussing your case on social media. Conversations about legal strategies, negotiations, or court proceedings should be reserved for private and confidential discussions with your attorney.
  • Monitor tags and mentions: Keep a close eye on tags, mentions, and comments. Unwanted tags or comments from friends may disclose information about your activities or relationships that could impact your case.

It’s also a good idea to inform friends and family members about the importance of discretion on social media during your family law case. 

Talk to a Professional Family Law Attorney

At Lonich Patton Ehrlich Policastri, our family law attorneys can provide the right advice based on your specific situation. We’ll support you every step of the way and ensure your rights are protected throughout your case. 

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.

https://www.lpeplaw.com/wp-content/uploads/2024/03/bigstock-Woman-Viewed-Through-Window-Of-80066336.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2024-03-29 22:10:512024-03-29 22:10:51Digital Divorce: The Role of Social Media in Family Law Cases
Happy young african american family couple talking with professional lawyer. importance
Michael Lonich

The Importance of Updating Your Estate Plan: Avoiding Pitfalls and Ensuring Effectiveness

March 21, 2024/in Estate Planning /by Michael Lonich

You likely already understand the importance of creating an estate plan. Having a will, trust, power of attorney, and advanced health directives provides peace of mind to you and your family that your affairs will be managed in the event of death or incapacitation. 

For many of us, making an estate plan allows us to check one item off our never-ending to-do list. However, keeping it updated is just as important. After all, life changes, and so should your estate plan.

Life Events That Affect Your Estate Plan

Throughout your life, you will experience significant events. You may experience all of them or just some, but these are the ones that will require you to review and update your estate plan.

Marriage

Getting married changes your legal and financial status. You may want to update your estate plan to include your spouse in your will, designate them as a beneficiary, grant them power of attorney, or name them as your healthcare proxy.

Divorce

Just as getting married affects your estate plan, so does getting divorced. You’ll likely want to remove your ex-spouse from your will, trusts, power of attorney designations, and any beneficiary designations on life insurance policies or retirement accounts.

Birth or Adoption of a Child

The arrival of a new family member is a cause for celebration and an important time to update your estate plan. You may want to name a guardian for your minor children in the event of an untimely death, set up trusts for their future, and ensure they are included in your will and added as beneficiaries to life insurance policies and investment accounts.

Change in Financial Status

A significant increase or decrease in your wealth should prompt a review of your estate plan. If you received an inheritance, consider how these assets will be distributed. Starting a successful business will also require you to consider what will happen to the company if you die or become incapacitated and to name a successor. Conversely, if you’ve experienced a financial loss, you may need to adjust how you allocate your remaining assets.

Retirement

Retirement is another life change that often requires adjustments to your estate plan. You may need to make revisions to reflect changes in income, plan for potential long-term care needs, and other retirement-related factors.

External Circumstances That May Require You to Update Your Estate Plan

Even if you have never experienced any of the life events listed above, other circumstances will necessitate reviewing and updating your estate plan.

Death of a Beneficiary or Executor

If a person named in your estate plan passes away, you should update your estate plan. This could be a beneficiary set to inherit from you or an executor, trustee, power of attorney, or healthcare proxy tasked with managing your estate and affairs.

Changes in Tax Laws

Tax laws change regularly, and these changes can significantly impact your estate plan. It’s crucial to review your estate plan to ensure it complies with updated regulations and that there are minimal taxes on your estate.

LPEP Law Can Assist You With Creating and Updating Your Estate Plan

Whether you need assistance creating an estate plan or updating your current one, our attorneys at Lonich Patton Ehrlich Policastri can help. We have extensive experience in estate planning and can work with you to ensure your estate plan covers all of life’s contingencies and reflects your wishes. Our lawyers can guide you on how to structure your plan to minimize taxes and provide your loved ones with peace of mind and financial security. 

Contact us for a free consultation by calling 408-553-0801.

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

https://www.lpeplaw.com/wp-content/uploads/2024/03/bigstock-Happy-Young-African-American-F-438049565.jpg 506 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-03-21 17:40:022024-03-21 17:40:02The Importance of Updating Your Estate Plan: Avoiding Pitfalls and Ensuring Effectiveness
Young family couple trying to get loan at bank clerk office. Husband and wife asking social service officer for child adoption permission. Planning future married life expectation mortgage concept
Gretchen Boger

Adoption: A Comprehensive Guide for Prospective Parents

March 14, 2024/in Family Law /by Gretchen Boger

Families come in all shapes and sizes. If you are planning to expand your family by becoming the parent of a child who is not biologically yours, you might be wondering how the adoption process works. This guide provides information about types of adoption, the steps you need to take, and where to get help. Adopting can be a complex and lengthy process, but having a better understanding of what’s involved can help you feel more prepared. 

Types of Adoption

The most common types of adoption include:

  • Private – Birth parents often choose and work directly with the adoptive parents. Adoption agencies can help facilitate private adoptions.
  • Foster care – Some families choose to adopt through the foster care system. Usually, parents will become temporary foster parents first and then pursue formal adoption later. Children in the foster care system might be older.
  • Stepparent, kinship, or relative – Stepparents or close relatives such as grandparents, adult siblings, or aunts and uncles can legally adopt and assume parental responsibilities for a child.
  • International – When you adopt a child from a different country, you must adhere to the adoption laws of the child’s country of origin as well as U.S. adoption laws. 

How the Adoption Process Works

While certain steps might be slightly different, depending on the type of adoption you pursue, in general, consider the following tips as you move forward.

  • Do some research – If you know families who have gone through the process, talk to them. Read books about adopting. Consider attending parenting classes. Get as much information as you can as early as you can.
  • Choose an adoption agency or professional facilitator – Although it might be tempting to pursue adoption more informally, it is in your best interests to work with an adoption agency, facilitator, or attorney to ensure that you understand your rights and the rights of the birth parents, as well as all relevant adopting laws. 
  • Explore financial assistance –  Adoption can be expensive, especially if international travel is involved. You can look into grants, loans, subsidies, the Federal Adoption Tax Credit, and even employer adoption benefits. Many prospective adoptive parents hold fundraisers (e.g., selling homemade goods with proceeds benefiting the adoption fund) to help them get started.
  • Participate in a home study – Your chosen adoption agency or facilitator will conduct a thorough investigation of your family home and lifestyle to ensure you are a good fit for a child. Background checks, home visits, financial assessments, and personal interviews may all be part of this lengthy process.

Once the above steps are complete, you will be matched with a child or a pregnant mother. The child will then be placed in your home, either in a foster-type relationship, or a more permanent pre-adoptive status. Periodically, a social worker will visit to monitor the transition for both you and the child. If all goes well, your adoption case will work through the family court system until it is finalized.

Talk to a Family Law Expert

The experienced family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) are well-equipped to guide you through the complex process of adoption. When it comes to drafting, reviewing, and filing legal documents; ensuring you understand the adoption laws in your state (or another country, in the case of international adoption); and representing you in family court (especially in contested adoptions), it helps to have a team on your side. Call us at 408-553-0801 for a free 30-minute consultation to discuss your case. 

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

https://www.lpeplaw.com/wp-content/uploads/2024/03/bigstock-Young-Family-Couple-Trying-To-105732536.jpg 600 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2024-03-14 17:47:282024-03-14 17:47:28Adoption: A Comprehensive Guide for Prospective Parents
An image of an estate planning chart. incapacity
Michael Lonich

How to Plan for Incapacity in Your Estate Plan: Choosing a Power of Attorney and Health Care Proxy

March 8, 2024/in Estate Planning /by Michael Lonich

There is no escaping death. We understand that, so we make sure to prepare a will and name beneficiaries to ensure our assets are distributed according to our wishes and that our loved ones will be taken care of financially. But what many people don’t plan for is the possibility that something will occur that will leave them incapacitated. Incapacity can result from a variety of situations, such as severe illness, injury, or cognitive decline. When a person becomes incapacitated, they may not be able to make important financial or health care decisions.

Therefore, it’s crucial that you name a power of attorney and a health care proxy to make decisions on your behalf when you cannot do so. And while they both have decision-making authority, they each serve very different functions.

Power of Attorney

A power of attorney (POA) is a legal document that authorizes another person (agent) to handle certain matters on your behalf (principal). In California, there are different types of POAs.

  • A durable power of attorney can be general or limited but remains in effect if you become incapacitated.
  • A general power of attorney gives the agent broad powers to act on your behalf. It allows the agent to take a wide range of actions, such as managing financial and business transactions and handling legal affairs. However, without the durability clause, the agent’s power ends if you become incapacitated.
  • A limited power of attorney is used when you want to give only specific powers to the agent.

Considering the responsibility placed upon the POA, you should consider the following factors when making a selection:

  • Choose someone you trust implicitly to act in your best interests
  • Ensure the person is capable of handling complex financial matters and understands your assets and obligations.
  • You will want someone who communicates effectively and can make your preferences known regarding financial decisions.

Health Care Proxy

A health care proxy is a legal document that designates an individual to make medical decisions for you if you cannot do so. Here are some things to consider when making your choice:

  • Select someone who understands your values and preferences regarding medical treatment to ensure they will make decisions that align with your beliefs.
  • The person you choose should be geographically accessible
  • Your health care proxy will need to be able to communicate with medical professionals and should be capable of explaining your wishes and making informed decisions.

After you appoint your agents, it’s crucial to communicate your wishes clearly. Provide your POA with information about your assets, liabilities, income, and expenses. Discuss your values, beliefs, and preferences regarding medical treatments and interventions with your healthcare proxy.

It’s essential to seek legal advice when creating your documents to ensure their validity. Our lawyers at Lonich Patton Ehrlich Policastri can guide you through the process. We are experienced in all estate planning matters and can help you tailor your documents to meet your specific needs.

Contact us for a free consultation by calling 408-553-0801.

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

https://www.lpeplaw.com/wp-content/uploads/2024/03/bigstock-An-image-of-an-estate-planning-82590149.jpg 1000 1000 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-03-08 23:25:052024-03-08 23:25:05How to Plan for Incapacity in Your Estate Plan: Choosing a Power of Attorney and Health Care Proxy
Form with box checked for unmarried rather than married. unwed parents
Virginia Lively

What Rights Do Unwed Parents Have?

March 1, 2024/in Family Law /by Virginia Lively

According to recent statistics, the percentage of births to unmarried women in the United States is currently around 41 percent. Given this rise in nontraditional families, it’s important to understand what each parent’s legal rights and responsibilities are when it comes to issues like custody and visitation, child support, making decisions on the child’s behalf, and inheritance rights. The following is an overview of how the law views the rights of unwed parents.

Child Custody and Visitation

When a child is born out of wedlock, the mother automatically gets custody. If the mother does not wish the alleged father to see the child, he does not have any legal rights to visit or be part of the child’s life until his paternity has been proven. However, if the father can establish paternity, he has equal rights when developing a joint custody plan, visitation rights, fighting for sole custody, and making important decisions about the child’s housing, school, healthcare, etc.

Child Support

In the same way that a reputed father does not have legal rights to custody and visitation without proven paternity, he also does not have the legal responsibility to provide child support. If the couple never married, the mother must prove the biological paternity of the alleged father, either through admission (where both parents agree) or testing, in order to be legally awarded child support payments, which help cover various costs for the child like food, clothing, medical costs, school supplies, housing, etc. Paternity must be legally established in order for the child to be included under the father’s healthcare insurance coverage as well.

Inheritance Rights

Although inheritance laws vary across the country, in general, a child is only eligible to receive an inheritance if the child’s parentage has been legally established. It is usually in the child’s best interests to go through the process of establishing paternity before this becomes an issue.

How to Establish Paternity

There are a few avenues you can take if you need to establish paternity. 

Voluntary Declaration of Paternity

The unmarried parents of a child can sign a form when the child is born that designates both signees as the legal parents. Forms are available from child support agencies (more on that below), a family law attorney (like the group at Lonich Patton Ehrlich Policastri, or LPEP Law), a welfare office, or the registrar of births. Official voluntary declarations of paternity hold the same weight as a court-ordered form.

The Family Court System

In cases where paternity is disputed, some unwed parents choose to go through the court system. The child’s mother, father, their representatives, a custody agency, or other family members can file the various forms necessary to request to establish paternity. Once the forms are filed, a judge will hold a trial to help decide issues of child support and custody and visitation rights. Since this process can be somewhat complicated, it’s best to work with an experienced attorney. 

Child Support Agency

Every state has what is known as child support agencies that provide services at the county and regional level for families who might not have the money to pursue a court case. Either the mother or the father can request action. If genetic testing is required to prove paternity, the child support agency will help in this process free of charge.

Talk to LPEP’s Family Law Experts Today

When establishing paternity is essential to protecting your child or your rights, it helps to have a team on your side. LPEP Law specializes in family law, including paternity cases. We can guide you through the process and make sure you get the help you need. Call us today at 408-553-0801 to schedule a free, 30-minute consultation. 

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

https://www.lpeplaw.com/wp-content/uploads/2024/03/shutterstock_1928061344.jpg 750 1000 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2024-03-01 18:56:022024-03-01 18:58:33What Rights Do Unwed Parents Have?
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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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This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

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