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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 Rights Do Unwed Parents Have?
/in Family Law /by Virginia LivelyAccording 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.
Estate Planning for Immigrants: Navigating Legal and Tax Issues
/in Estate Planning /by Michael LonichPlanning for the future is a significant step, and when it comes to safeguarding your assets, navigating the complexities of estate planning is crucial. For immigrants, this journey often involves unique challenges tied to diverse cultural backgrounds, legal intricacies, and various tax considerations.
Here, we’ll unravel the intricacies of estate planning for immigrants, shedding light on the legal and tax aspects that might come your way. By understanding these nuances, immigrants can embark on the path to securing their family’s financial future with confidence.
Understanding Estate Planning for Immigrants
Estate planning is all about making sure your assets are in good hands and your family is taken care of down the road. For immigrants, this means facing some special considerations.
Firstly, cultural background plays a role. Different communities might have specific ways of handling inheritances, and it’s crucial to address these nuances when planning your estate. Clear communication within families becomes even more vital to ensure everyone is on the same page.
Then comes the paperwork. Immigration and identification documents aren’t just important for your daily life; they play a crucial role in estate planning too. And, depending on where you’re from and where you are now, estate planning can get a bit tricky with different legal rules in play.
Legal Considerations for Immigrants in Estate Planning
When it comes to estate planning, immigrants face a set of legal considerations that differ from those of native-born individuals. Here’s just an example of some of the considerations immigrants must keep in mind when it comes to estate planning.
Documentation Challenges
Immigration status and documentation play a significant role in estate planning for immigrants. Having the proper immigration and identification documents is essential for establishing legal ownership of assets and ensuring a smooth transfer to beneficiaries. We’ll discuss the importance of obtaining and maintaining these documents to avoid complications in the estate planning process.
Jurisdictional Issues
Immigrants may have connections to multiple countries or states, each with its own set of laws governing estates and inheritances. Dual citizens, permanent residents, and non-resident aliens are subject to US laws as well as the laws in their country of citizenship when constructing a will. This can become very complex and is a key reason why professional legal advice is so important for immigrants.
Tax Implications for Immigrants in Estate Planning
Estate taxes are charges imposed on the value of a deceased person’s estate before it’s passed on to beneficiaries. For immigrants, understanding how these taxes work and whether they apply to your situation is vital.
If you’ve lived in more than one country, or if you have assets in different nations, you might face international tax complexities. Dual residency and overseas assets can trigger tax implications both in your current country of residence and in your home country.
Trust Your Estate Planning to the Experts
Estate planning involves many different legal, cultural, and tax considerations, especially for immigrants. At Lonich Patton Ehrlich Policastri, our skilled estate planning attorneys will help you navigate the legal complexities of estate planning for immigrants and protect your family’s future. Contact us here to set up your free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How Does a No-Fault Divorce Work?
/in Family Law /by Mitchell EhrlichDivorce, a legal journey that often accompanies emotional upheaval, has evolved significantly over the years. The emergence of “no-fault divorce” has reshaped the landscape of separation proceedings in recent years.
In this article, we’ll explain how no-fault divorce works. From its fundamental principles to the practical steps involved, understanding the nuances of no-fault divorce can help to streamline the often complex and emotionally charged arena of separation.
Understanding No-Fault Divorce
Unlike its fault-based predecessor, no-fault divorce doesn’t assign blame or wrongdoing, instead focusing on the dissolution of a marriage due to irreconcilable differences. No-fault divorce removes the requirement of assigning blame to one party.
Neither spouse needs to prove misconduct, infidelity, or other grounds typically associated with fault-based divorce. Instead, the focus remains on acknowledging that the marriage has broken down beyond repair, making reconciliation unfeasible.
Advantages of No-Fault Divorce
There are a few key advantages of no-fault divorce, including:
Reduced Conflict and Emotional Strain
By eliminating the need to assign blame, this approach often leads to reduced hostility and emotional strain during the divorce process. Couples can focus on practicalities rather than engaging in contentious battles over fault, making negotiations more amicable.
Faster Resolution and Cost Efficiency
No-fault divorce tends to speed up legal proceedings. Without the requirement to prove fault or misconduct, the process becomes more straightforward and less time-consuming. This often leads to quicker resolutions, saving both time and legal expenses for both parties.
Emphasis on Privacy and Dignity
By circumventing the need to air private grievances or personal shortcomings in a public legal setting, no-fault divorce preserves the privacy and dignity of both spouses. It allows them to navigate the end of their marriage with a degree of confidentiality.
Cooperative Co-Parenting Opportunities
In cases involving children, no-fault divorce can facilitate a more cooperative co-parenting dynamic. By reducing conflict and animosity, parents can often maintain a healthier relationship post-divorce, benefiting the well-being of their children.
Process of Filing for No-Fault Divorce
While it may differ depending on your state’s laws, here’s an overview of the process of filing for no-fault divorce.
Eligibility Criteria
To initiate a no-fault divorce, couples must meet specific eligibility criteria, which may include residency requirements and a mandatory separation period. While these criteria vary by state, most jurisdictions offer the option of a no-fault divorce.
Initiating the Divorce Process
The process commences with one spouse filing a petition for divorce. The petitioner may cite irreconcilable differences as the grounds for divorce. Both parties are required to complete and submit documentation, including a marital settlement agreement outlining terms for property division, child custody, and support arrangements.
Negotiation and Settlement
Following the filing, the divorce typically moves into a negotiation or mediation phase. Both spouses, often with the assistance of legal counsel, work towards a settlement agreement. This stage involves discussions on asset division, spousal support, and child custody arrangements.
Court Approval and Finalization
Once an agreement is reached, the court reviews and approves the settlement. If satisfied, the court issues a final decree, officially ending the marriage. The terms outlined in the settlement agreement become legally binding for both parties.
Consult the Experts at Lonich Patton Ehrlich Policastri
At Lonich Patton Ehrlich Policastri, our experienced divorce attorneys can help you navigate the complexities of a no-fault divorce, offering comprehensive support throughout the divorce process.
Contact us today 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.
Can California Parents Who Don’t Affirm a Child’s ‘Gender Identity’ Lose Custody Disputes?
/in Family Law /by Gina PolicastriAmidst heated debate, California’s recent legislation, AB-957, has sparked controversy and concerns regarding parental rights and custody disputes involving a child’s gender identity. The bill, touted by some as groundbreaking, has raised fears that parents unsupportive of their child’s gender identity might risk losing custody.
Let’s delve into the nuances of AB-957 and unravel whether non-affirming parents truly face the threat of losing custody over disagreements about their child’s gender identity.
Is Gender Affirmation a Factor in Custody Disputes?
In California, the question of whether a parent’s affirmation of a child’s gender identity holds weight in custody disputes has become a focal point. AB-957 introduces the consideration of a parent’s support for their child’s gender identity as one among several factors in custody determinations.
Legal experts emphasize that while the bill states the importance of acknowledging a child’s gender identity, it does not mandate a specific outcome solely based on a parent’s stance. Instead, it directs courts to factor in this element alongside numerous other considerations, such as the child’s safety, parental relationships, and history of abuse.
Thus, while affirming a child’s gender identity is noted as significant, it does not serve as a decisive factor in custody determinations.
What is California’s New Law on Gender Identity and Child Custody?
In essence, AB-957 does not mandate a particular custody outcome solely based on a parent’s stance towards their child’s gender identity. Rather, it expands the factors that courts consider when determining the best interests of the child during custody disputes.
By including a parent’s support or lack thereof for a child’s gender identity as part of a comprehensive assessment, the law aims to ensure a more holistic evaluation of the child’s well-being.
The bill does not establish rigid guidelines or automatic outcomes in custody cases. Instead, it advises judges to weigh this factor among many others, such as the child’s safety, relationships with parents, and any history of abuse, in determining custody arrangements.
What Does This Mean for Californian Parents?
This new law does not strip parental rights or impose a blanket requirement for gender affirmation. Rather, it seeks to better address the complexities of gender identity within child custody, aiming to prioritize the best interests and well-being of the child in these legal proceedings.
For Californian parents, this new legislation underscores the importance of understanding the evolving landscape of family law, particularly in cases involving a child’s gender identity. The law prompts courts to consider a wider range of factors, including a parent’s support or lack thereof for a child’s gender identity, in determining what serves the child’s best interests.
Judges will continue to assess custody cases comprehensively, considering various aspects like the child’s safety, relationships with parents, and the overall well-being of the child.
Seek Expert Legal Counsel from LPEP
For Californian parents, understanding the nuanced nature of this legislation is crucial. Seeking legal counsel and staying informed about the actual implications of this law can be instrumental in navigating custody disputes in a way that safeguards both parental rights and the child’s welfare.
At Lonich Patton Ehrlich Policastri, our experienced child custody attorneys are well-versed in intricate child custody matters. You can trust us to listen to your needs and fight for the best possible outcome for you and your family.
Contact LPEP today for a free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Digital Inheritance: Safeguarding Your Virtual Assets in Estate Planning
/in Estate Planning /by Michael LonichCreating an estate plan is vital to providing financial security to your loved ones, establishing generational wealth, and ensuring your final wishes are carried out. When we consider our estate plan, we tend to think in terms of physical assets, such as real estate and personal property.
However, as technology evolves, many of our assets only exist in a virtual world. Therefore, it only makes sense to establish an estate plan that covers our digital assets in addition to our physical ones.
What Are Virtual Assets?
Virtual assets are non-physical assets that can be traded or transferred digitally. They can be used for payment or investments. Examples of virtual assets include cryptocurrencies, such as Bitcoin or Ethereum, virtual goods in online games, digital arts, and other forms of digital property that are representations of real-world assets.
The value of virtual assets can fluctuate significantly and is often determined by factors such as demand, scarcity, and utility within their respective digital ecosystems.
Why Should You Include Virtual Assets in Your Estate Plan?
Virtual assets can hold both sentimental and monetary value. Including them in your estate plan ensures a comprehensive valuation of your wealth after you pass away. If they have significant value, such as cryptocurrency or frequent flyer miles (depending on the airline’s policy), they can help ensure your beneficiaries benefit from them.
You can also help preserve your legacy by having a plan to distribute NFTs, digital art, and other online content.
Some digital assets, such as social media, email, and online banking or payment accounts, are often tied to personal information and can hold financial benefits. If they are not included in your estate plan, there is the risk that they will be inaccessible after your death and lose any value.
Last, unmanaged digital assets can increase the risk of identity theft and fraud. Cybercriminals can exploit inactive user accounts, leading to potential financial and reputational damage.
Creating a Digital Estate Plan
Here are some steps you can take to ensure your digital assets are properly included in your estate plan:
Creating a digital estate plan to safeguard your virtual assets can be challenging. California’s Revised Uniform Fiduciary Access to Digital Assets (RUFADAA) allows for the management and disposition of your virtual estate. However, the laws are complex, so it’s best to discuss your estate plan with one of our attorneys at Lonich Patton Ehrlich Policastri. We have the expertise you need to create an estate plan that covers your physical and virtual assets.
Contact us for a free consultation by calling (408) 553-0801. We will work with you to create a complete estate plan that ensures the fulfillment of your wishes.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.