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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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What is a Material Change in Circumstance for Custody?
/in Family Law /by Gina PolicastriIf you are divorced or separated and have children, you likely worked with your former spouse or a mediator to develop an agreement to provide guidelines for physical custody (i.e., who the child lives with) and legal custody (i.e., who makes decisions on behalf of the child). These agreements are designed to be long-term arrangements to ensure stability for the child involved. However, under certain circumstances, a family court might consider changes to a custody agreement to protect the best interests of the child.
Legally, a “material change in circumstance” refers to a change in a situation significant enough to affect the outcome of a previous legal decision or agreement. When it comes to material change in circumstances for custody, the following are some of the most common situations that might necessitate a modification of your current agreement.
Change in Parental Circumstances
Several different factors can create changes in circumstances for one or both parents that might result in the need for a new custody agreement, including:
Relocation – If one parent relocates (for work, due to a new relationship, etc.), the current physical custody arrangement or visitation schedule might become difficult or impossible to maintain.
Altered financial status – Changes in financial status, for instance getting a higher-paying job, might mean that a non-custodial parent might now be in a better position to be granted joint physical custody. On the flip side, losing a job might impair a custodial parent’s ability to properly care for a child.
Improvement or deterioration of living situation – Declining health, substance abuse, home foreclosure, etc., might result in a deterioration of a child’s living situation. Conversely, a non-custodial parent might significantly improve their living situation by completing a rehabilitation program, for example, that would allow them to provide a healthy environment for the child.
Behavioral changes – Of course, if either parent begins to exhibit behavior that might negatively impact the child, such as abuse, neglect, or parental alienation, the other parent should file an emergency petition to modify the custody agreement immediately.
Change in Child’s Preferences or Needs
For older children, especially teenagers, a court might consider a change to a custody agreement based on the child’s preferred living arrangement, as long as the child can present valid reasons for why the change would be a better situation for them.
In some cases, changes in a child’s needs might trigger parents to seek a new custody arrangement. For example, a child who requires special education services might be better served living with a parent who lives in a school district with better resources.
Joint Request for Change
Parents can file a joint request for a judge to change the terms of their custody agreement if they both agree that modifications are desired, for any reason.
Failure to Uphold Custody Agreement
If either parent refuses to uphold their end of a custody agreement, a family court might step in to order compliance or to change the original agreement as necessary.
Get Help from Family Law Experts
When it comes to your children, you always want what’s best for them. If you are facing custody issues with a former spouse and think you might have grounds to revisit your custody agreement, schedule a free consultation with the Family Law Group at Lonich Patton Ehrlich Policastri. Our family law experts have over 100 years of combined litigation experience and are well-versed in helping our clients navigate the complicated landscape of divorce and custody matters.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Is It Possible for a Judge to Dismiss a Divorce Case in California?
/in Family Law /by Virginia LivelyDivorce can be a complicated and emotionally challenging process. In California, understanding the circumstances under which a judge can dismiss a divorce case is important for anyone going through or considering divorce. Here, we’ll guide you through the key points about divorce case dismissals in California.
Reasons a Judge Might Dismiss a Divorce Case in California
In short, yes—a judge can dismiss a divorce case in California. There are a few different reasons why this may occur, which we’ll explore now.
Voluntary Dismissal of a Divorce Case in California
One of the most common reasons a judge might dismiss a divorce case is if both parties decide to reconcile and no longer wish to proceed with the divorce. In such instances, the spouse who filed for divorce (the petitioner) can file a request for dismissal. If both parties agree, the judge can approve the dismissal without much complication.
Lack of Jurisdiction
For a divorce case to move forward in California, the court must have jurisdiction. This requires that at least one spouse has resided in California for a minimum of six months and in the county where the divorce is filed for at least three months. If these residency conditions are not satisfied, the judge may dismiss the case due to a lack of jurisdiction.
Failure to Serve Papers
After filing for divorce, the petitioner must serve divorce papers to the other spouse (the respondent). If the petitioner fails to serve the papers within a specified timeframe, the judge may dismiss the case. Proper service of papers is a crucial step in the divorce process to ensure that both parties are informed and can participate in the proceedings.
Situations Where a Judge is Unlikely to Dismiss a Divorce Case
While a divorce case may be dismissed in the above scenarios, there are many situations where dismissing the divorce is not a likely outcome. Here are some examples of those.
Contested Divorces
In situations where one spouse desires a divorce while the other does not, it is unlikely that the judge will dismiss the case. California follows a “no-fault” divorce policy, allowing either spouse to initiate divorce proceedings without needing to demonstrate any misconduct by the other. If one spouse is determined to proceed, the judge typically permits the case to move forward.
Pending Legal Issues
If there are ongoing legal issues such as child custody, property division, or spousal support, the judge is also less likely to dismiss the case. These matters need to be resolved before the divorce can be finalized, and the judge will usually proceed with the case to address these issues, even if one party requests a dismissal.
How to Request a Dismissal and When to Seek Advice
If you and your spouse decide to reconcile or if you want to dismiss the case for any other reason, you can file a Request for Dismissal (Form CIV-110). This form must be completed and submitted to the court. If both parties agree to the dismissal, the process is generally straightforward.
If you need to request a dismissal, it’s essential to follow the correct legal procedures and ensure that all necessary paperwork is filed. Our experienced team of family law attorneys at Lonich Patton Ehrlich Policastri can help you every step of the way, and will always strive to represent your best interests.
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.
What Happens to the Inheritance of a Minor Beneficiary?
/in Estate Planning /by Michael LonichIf you plan to leave part of your estate to a minor beneficiary, there are several legal and financial considerations to keep in mind. In the eyes of the law, anyone under the age of 18 lacks the life experience, maturity, and decision-making skills to own and manage property and other assets for themselves, leaving them open to exploitation and potential losses from mismanagement and poor decisions.
Inheriting assets directly could also impact a minor’s eligibility for some government benefits, such as Supplemental Security Income and Medicaid. These benefits have specific income limits, and assets in a minor’s name might push them over those limits, thus disqualifying them.
So what happens if a minor beneficiary inherits property or assets? If there is no other plan in place, a probate court would likely step in to appoint a guardian to manage the minor’s inheritance until they come of age. The probate process can be intrusive, time-consuming, and expensive, so it’s a good idea to take steps now to provide for your beneficiaries and protect their best interests, even if they are minors.
Careful estate planning is key to ensuring that your wishes for the distribution of your assets to your beneficiaries are followed after your death or if you become incapacitated. The most common approach for safely arranging to leave an inheritance for minor beneficiaries is by setting up a trust. Below, you’ll find descriptions of different types of trusts that might work for you and your family.
Setting Up a Trust
When you create a trust in your estate plan, the trust itself becomes the legal entity that holds the assets, rather than your minor beneficiary. In most cases, you will also designate a trusted individual, known as a trustee, to manage and distribute the assets on behalf of your beneficiary until they reach an appropriate age.
Types of Trusts
There are a few different types of trusts to consider.
Talk to an Estate Planning Professional
Of course, you want what’s best for your family both now and in the future. If you haven’t made an estate plan yet, it’s important to get started as soon as possible. If you do have an estate plan in place, it’s a good idea to review and update it on a regular basis with the help of an estate planning attorney.
The Estate Planning Group at Lonich Patton Ehrlich Policastri has significant experience in the full range of legal services related to estate planning: drawing up wills, revocable living trusts, special needs trusts, administration of trusts, litigation, probate, etc. Don’t leave your family’s future to chance. Call us today at (408) 553-0801 to set up a free, no-obligation consultation to go over your estate planning needs.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How Does a Family Law Attorney Help in Child Support Matters?
/in Family Law /by Mitchell EhrlichThere are very few things that match the joy of having a child. Watching them grow and discover new things reminds us of the magic of childhood. We are given the opportunity to guide them and instill our values. If we do a good job, they eventually leave the family nest and take those values with them into the world.
But it isn’t cheap. California’s average cost of raising a child from birth until eighteen is approximately $310,000. This is just the essentials, such as housing, food, and clothing. It doesn’t include sports, extracurricular activities, or saving for college.
Financial Responsibility to Our Children
As parents, we have a legal and moral responsibility to support our children financially. At the most fundamental level, that means ensuring they have
The proper food to support their growth and development
By investing in their education and planning for their future, we are preparing them for their own financial independence.
Financial Support Should Come from Both Parents
Raising a child is a shared endeavor that requires contributions from both parents. It is not up to one parent to supply all of their child’s needs. According to California law, both parents are legally required to provide financially for their child’s support.
Unfortunately, this isn’t always the case. And, it can be almost impossible for the custodial parent to make the non-custodial parent help pay for the support of their children.
The Role of a Family Law Attorney
A family law attorney is crucial in ensuring child support matters are handled fairly and in compliance with California laws.
One of the primary roles of a family law attorney is to educate parents about the legal obligations of both custodial and non-custodial parents. They provide information on how child support amounts are determined per California’s formulas, which consider parental income, time spent with the child, and other relevant expenses.
A family law attorney can also assist their client in filing petitions for child support and ensuring that all the required information is accurate and complete. They can also help gather evidence, including financial documents, income statements, and other information needed to support child support claims.
Enforcing Child Support Court Orders
If the child support issue is in dispute, a family law attorney will advocate for their client’s interests during hearings, introduce evidence, and present arguments. They will also negotiate with the opposing counsel to try to reach a fair settlement. Furthermore, if the other parent fails to comply, they will work with the court to enforce the child support orders.
Child Support Modification
Sometimes, life circumstances change, and the existing child support orders need modification. The family law attorney can also help with that. They will evaluate changes in income, employment status, or custody arrangements to determine if they warrant a modification. If so, they will file a request with the court to ensure the support payments remain fair and reflect the current situation.
LPEP Law Can Help
Having a skilled family law attorney can significantly impact the outcome of child support matters. Our dynamic team at Lonich Patton Ehrlich Policastri can work with you and advocate on your behalf to ensure your child receives the financial support they deserve.
Contact us for a free consultation by calling (408) 553-0801 and enjoy the peace of mind that comes from knowing your child support matters will be resolved fairly and efficiently.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What Documents are Necessary for Estate Planning?
/in Estate Planning /by Michael LonichApproximately 75% of adults in the United States don’t have an estate plan, even though they understand the importance of having one. There are several reasons for this, but for some people, it’s a matter of feeling overwhelmed, which leads to procrastination.
However, estate planning is about being prepared if you become incapacitated, in addition to the distribution of your assets after you pass away. And we never know when either might happen. Procrastinating too long can mean too late, leading to multiple complications for your loved ones.
But it doesn’t need to be daunting, and a better understanding of the legal documents required for a comprehensive estate plan can help make the process less overwhelming.
Living Trust
A living trust allows you to place all your assets into a trust during your lifetime. You will still have access to them, but they are then transferred to your beneficiaries upon your death without going through probate, a costly and time-consuming process.
Last Will and Testament
A will is a legal document that outlines the distribution of your assets after you pass away. It also allows you to appoint an executor for your estate and designate guardians for minor children. If you have a living trust, you might consider creating a “Pour-Over Will,” which transfers any assets not included in the trust at the time of your death into it.
Power of Attorney
If you become incapacitated, someone will need to pay your bills and handle your financial affairs. Legal documents appointing a power of attorney will ensure your finances are managed according to your wishes.
Advanced Health Care Directive
An advanced health care directive specifies your medical treatment preferences if you cannot make decisions for yourself. You can also name someone as your medical power of attorney to make healthcare decisions on your behalf.
Beneficiary Designations
Ensure that all beneficiary designations on retirement accounts, life insurance policies, and other financial accounts are up-to-date and align with your overall estate plan. These designations often take precedence over instructions in your will.
Keep Paperwork Updated
Creating and maintaining a comprehensive list of bank statements, life insurance policies, statements from your investments and retirement plan accounts, and other vital financial documents is essential. Also, include copies of deeds for any real estate that you own. This will help your executor manage your estate efficiently and transfer property ownership according to your wishes.
Don’t Forget Your Digital Estate
In today’s digital world, much of our personal and financial business is conducted online. Therefore, it’s crucial to have a digital estate plan that lists your online accounts, usernames, and passwords. You can also stipulate how you want your social media accounts handled after your death.
LPEP Law Can Help with Your Estate Planning
The estate planning process is easier when you have someone advising you. Our attorneys at Lonich Patton Ehrlich Policastri can help you with your estate planning needs. We have extensive experience assisting individuals in San Jose and the greater Bay Area. Everyone’s situation is unique, and we will tailor your estate plan to align with your goals and final wishes and ensure they comply with California’s laws.
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.