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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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How Do Judges Determine Child Custody?
/in Family Law /by David PattonWhen two people get divorced, one of the most challenging and important decisions that must be made is who will have custody of the children. Judges must consider various factors in making this determination to ensure they are making a judgment that is in the child’s best interests.
Judges often evaluate factors including each parent’s home environment and work schedule and whether either parent has been abusive or neglectful. Ultimately, the goal is to ensure that the child has a stable and supportive home life.
What factors do judges evaluate when determining child custody after divorce?
When determining child custody, judges must take into account many factors, including the child’s age, best interests, and their relationship with each parent. They may also look at the parents’ ability to cooperate and the scenario that will provide the most stability and continuity.
Depending on the child’s age, a judge may ask for their input on the arrangement and what they feel most comfortable with. This can be done by speaking with the child directly if they are old enough or by utilizing a custody evaluator as a liaison.
In addition to the considerations above, a judge will also evaluate each parent’s mental and physical well-being and their capacity to care for the child. This could involve looking at work schedules, available family support, and financial situations to determine which parent can provide the most stable living situation.
If there is evidence of neglect or abuse from either parent, the judge will take steps to protect the child by limiting or preventing contact with that parent.
Primary vs. Shared Physical Custody
There are two common forms of child custody arrangements – primary or shared physical custody. A primary custody arrangement means one parent has sole supervision over the child, while the other might receive visitation rights. However, the child resides only with the parent with primary custody. Primary custody also grants the primary parent the ability to make decisions regarding health and education without the other parent.
Shared physical custody is also known as joint custody. In these arrangements, the child resides with both parents on a schedule. Typically, shared physical custody is measured by counting the amount of overnight time each parent has during a set period, though time may not always be divided equally. For example, a child may live with one parent during the week and the other parent on weekends or might alternate weeks and weekends with each parent. Joint custody also provides both parents with equal rights to make decisions regarding the child’s health or education.
In California, there is a presumption of shared physical custody, meaning that a shared arrangement is often recommended unless there are strong reasons for one parent to be awarded primary physical custody.
Assistance with a child custody case
Determining the custody of children in a divorce can be a daunting task. Still, with careful consideration, judges aim to make arrangements that are in the child’s best interest. If you need guidance in navigating a child custody situation, allow the experienced family lawyers at Lonich Patton Ehrlich Policastri to assist.
Our team of lawyers has been helping families in the greater Bay Area navigate complex legal situations for decades. Call 408-553-0801 or click here to schedule a free consultation today.
Do I Need a Trust to Avoid Probate?
/in Estate Planning /by Michael LonichVery few people want to see an estate end up in probate. It is an expensive and lengthy process that requires a judge to validate and authenticate your will and name an executor. Creditors must then be notified and paid off before distributing your assets to the beneficiaries.
There are a few ways to prevent probate litigation, such as joint ownership and gifting some of your possessions to your loved ones while you are still alive. Another way to avoid probate is by establishing trusts.
What are trusts, and how can you set one up?
Types of Trusts
A trust is a legal arrangement in which one person (a trustee) manages property of another person (the beneficiary). Revocable, irrevocable, and testamentary trusts may be terms you have heard.
Revocable and irrevocable are living trusts that go into effect and are funded while the grantor is still alive. A testamentary trust is created through a will and does not take effect until after the grantor’s death.
Trusts can effectively manage your property and ensure it is distributed according to your wishes. But, each of them has its benefits and drawbacks.
Revocable Trusts
Irrevocable Trusts
How to Navigate Estate Planning Concerns Such as Trusts and Probate
Due to the nuances of setting up a trust, you may want to consider working with an attorney. Our lawyers at Lonich Patton Ehrlich Policastri are experienced at crafting a variety of trusts. Call us at 408-553-0801 to schedule your free consultation.
What Happens in a Restraining Order Hearing?
/in Family Law /by Gretchen BogerIf you find yourself in a situation where you need to file a restraining order, you are likely nervous, scared, and unsure of what may happen. Understanding the process and knowing what to expect during the hearing may ease some of your anxiety.
Why You Might Need a Restraining Order
In California, a restraining order or protective order is a legal order issued by the court that requires one person to stop harming another, whether it is physical, sexual, stalking, threatening, or harassment. The person getting the restraining order is called the “protected person,” and the person on the receiving end of the restraining order is called the “restrained person.”
Restraining orders can include the following:
There are four different types of restraining orders, including:
What to Expect During the Process
In California, an individual must first file a petition with the court. At the hearing, the petitioner (the person who filed the order) will have an opportunity to present evidence and testimony to support their claims. The respondent (the person the order is filed against) will also have a chance to give evidence and testimony.
The judge will review the evidence and decide whether or not to issue a restraining order. They may impose other conditions, such as requiring the respondent to attend counseling or surrender their firearms.
We’re Here to Help
If you are in a situation where you need to file a restraining order, don’t hesitate to get in touch with our attorneys at Lonich Patton Ehrlich Policastri. Our experienced lawyers have combined litigation experience of over 100 years in family law matters. We will work with you and provide you with support and guidance as you work through this challenging situation. Call us at 408-553-0801 to schedule your free and confidential consultation.
Power of Attorney Duties after the Principal’s Death
/in Estate Planning /by Michael LonichPower of attorney (POA) is a legal document that authorizes someone to act on behalf of another person. The person who designates power of attorney is the principal. The person acting on behalf of the principal is known as the agent.
This can be helpful if you need to delegate authority temporarily to manage finances, make medical decisions, or handle other legal matters when you are unable to act on your own behalf, such as during medical emergencies or extended travel abroad.
However, after the principal dies, a question often arises: who will handle their estate and manage affairs? The answer is a person with power of attorney doesn’t necessarily continue to manage the principal’s affairs after death.
Types of POA
If you are in a situation where you are considering granting power of attorney, you may be wondering what arrangement is most suitable. There are several common types of Power of Attorney designation:
General POA grants a designated agent the power to make decisions on behalf of the principal for a broad spectrum of matters, including banking transactions, sale or purchase of property, or contractual agreements. This should be used only in specific situations, as it grants extensive control to an agent to act on the principal’s behalf.
Durable Power of Attorney grants power to an agent if the principal becomes mentally incapacitated. This differs from other POAs, as typically, they are structured to end if you are mentally incapacitated. It’s important to note this doesn’t replace a conservator arrangement, as DPOA must be granted while the principal still has full mental faculties and cannot be granted retroactively.
A limited POA allows a principal to grant power of attorney to an agent for use only in specific circumstances, such as cashing checks. Typically this type of POA is only granted for a set period or a particular task.
Medical POA allows a principal to designate a specific health care agent to make medical decisions if they are incapacitated. This can include making decisions on medical treatments, surgery, life support, organ donation, and medical records release. An agent with medical POA also ensures a Living Will directive or Do Not Resuscitate order is carried out according to the principal’s wishes.
What happens after the principal’s death?
The validity of an assigned power of attorney expires in the event of the principal’s death. This means a person with POA of any kind can no longer act on behalf of the principal. A power of attorney order also cannot substitute or replace a will.
Once the principal has died, only a designated estate executor can manage the principal’s estate. A person with POA might also be the executor of a will, but it isn’t automatically assigned. Once the principal dies, their last will and testament will guide how their affairs should be handled. If they do not have a will, it falls to the courts to distribute any assets.
LPEP Law is Here to Guide You
If you have questions regarding power of attorney arrangements, reach out to the experienced team at Lonich Patton Ehrlich Policastri to discuss. Our team of seasoned family law and estate planning attorneys have years of experience in San Jose and the Bay Area and are ready to guide you to find the right solution.
Call 408-553-0801 or fill out our contact form to schedule a complimentary 30-minute consultation today.
What is the Most Common Child Custody Arrangement?
/in Family Law /by Gretchen BogerWhen parents divorce, one of the most challenging issues is who will have custody of the children. Both parents want to be involved in the responsibility of raising their children. Joint custody is the most common child custody arrangement where both parents share responsibility for their child. This can mean that the child lives with both parents equally or that one parent has primary physical custody of the child, with the other parent having visitation rights.
Joint custody arrangements include joint legal custody, where both parents have a say in decisions about the child’s welfare, and joint physical custody, where both parents have equal time with the child. In most cases, parents have joint legal and physical custody.
Benefits of Joint Custody
There are many benefits, both for parents and children. For parents, joint custody can help to reduce conflict and increase cooperation. It can also provide a greater sense of stability for children.
And while joint custody arrangements can be challenging at times, they often provide a more positive parenting experience than either sole custody or visitation arrangements. Therefore, a judge will rule that both parents have joint legal and physical custody in most cases. This allows the children to have equal access to both parents, and both parents share the decision-making.
Drawbacks of Joint Child Custody Arrangements
While joint custody can have many benefits for children, it can also present some challenges. One of the most common problems is that it can be difficult for children to adjust to living in two separate households. They may feel torn between their parents and have difficulty developing a strong sense of identity.
Additionally, this type of arrangement can be logistically complicated, especially if the parents live in different parts of the city or country. Coordinating drop-offs, pick-ups, and extracurricular activities can be a challenge, and it can be tough on both parents and children if there is a lot of back-and-forth.
These are some reasons why a judge may rule for one parent to have sole physical custody and joint legal custody for both. For example, if one parent lives in another area and shared physical custody would disrupt the child’s schooling, the judge may rule that the child live with one parent but grant the other parent extended visitation rights.
Where You Can Go for Help
While joint custody arrangements can be challenging at times, they often provide a more positive parenting experience than either sole custody or visitation arrangements. If you are considering a joint custody arrangement for your family or have questions about how it will work in your specific situation, please contact our attorneys at Lonich Patton Ehrlich Policastri for more information.
We have years of experience helping parents resolve child custody issues and can help you create a parenting plan that meets your children’s needs and gives you both the flexibility and stability you need. If you live in San Jose or the greater Bay Area, call us at 408-553-0801 to schedule your free consultation.