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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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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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What Personal Information Do I Need To Prepare When Considering A Divorce
/in Family Law /by Riley PenningtonSeparation and divorce are very difficult issues to navigate. If you are preparing for a divorce, there are a multitude of challenges that you must prepare for. However, having a knowledgeable San Jose divorce attorney – like the attorneys at Lonich Patton Ehrlich Policastri – will significantly lessen your burden. When preparing to meet with a San Jose divorce attorney for the first time, it is important to gather and have available certain personal information.
What Information Will You Need?
It is important have some basic information for both yourself and your spouse ready. Your full names, dates of birth, and social security numbers are a good start. Additionally, have both your and your spouses contact information, address, phone number, and e-mail address. Another important piece of information to have is a document showing proof that you are a California resident. This can be a mortgage bill or home utility bill for instance.
Other valuable information to gather in preparation of your divorce or separation include employment information for both yourself and your spouse. You should obtain the employer’ name, address, and phone number, for both you and your spouse. Gather information about the length of you and your spouse’s employment. This should include monthly or annual salary, and at least the last three income tax returns you filed.
What If Children Are Involved?
Regarding any children you and your spouse may have, there are a few things you’ll need. First it is important to have available a list of all children from the marriage’s names including the children’s dates of birth, social security numbers, and health insurance coverage. Additionally, it would be good to note what the current custody arrangement is between you and your spouse. If you anticipate custody being an issue during your divorce, vocalize this. Include if there are any children from a previous marriage for either you or your spouse. List their names, dates of birth, social security numbers, and whether there is child support being received or paid for any of the children.
Finally, if there is some additional information that will be of great assistance to the divorce attorney you meet, provide it to the attorney either before or during your first meeting. The date and place your wedding took place should be provided. Further, a list of any the marital problems involving alcohol or drug abuse, or domestic abuse, that led to divorce. Lastly, your attorney will need the name of your spouse’s attorney if your spouse is represented. They will need to know where to serve your spouse with divorce papers.
If you are separated and planning a divorce or simply considering your options, please contact one of the experienced San Jose Divorce attorneys at Lonich Patton Ehrlich Policastri. We offer free consultations for new Family Law clients.
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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Can A Grandparent Have Joint Custody Of A Child With A Parent?
/in Family Law /by Virginia LivelyThe second season of HBO’s Big Little Lies was overflowing with entertaining drama. One of the leading storylines involved Meryl Streep’s character, Louise. She was a concerned and doting grandma fighting for child custody over Nicole Kidman’s character, Celeste’s twin sons. There were many scenes involving attorney meetings, legal strategy and exciting witness examinations in a gut-wrenching trial. But how much of what was portrayed on screen happens in real life? Could a grandparent in San Jose, for instance, fight for joint custody over their grandchildren?
The short answer is yes; especially with the help of a dedicated attorney at Lonich Patton Ehrlich Policastri. However, this issue is somewhat complicated, so the help of a knowledgeable attorney in San Jose is crucial.
What You Should Know About Grandparents And Child Custody
Parents have the legal right to the custody, care, and control of their children. However, there are many situations where a grandparent assumes the role of primary caregiver for their grandchild. Yet, a grandparent’s parental role in their grandchild’s life does not give a grandparent the legal right to the custody, care and control of their grandchild.
A grandparent can fight for child custody under California Family Code § 3041: “Custody award to nonparent.” Under this code, the court must make a finding that (1) granting custody to a parent would be “detrimental” to the child and (2) that granting custody to the nonparent is required to serve the best interest of the child. Because of this, it is less likely that a grandparent would receive joint custody. However, if this is a concern of yours, please contact an attorney at Lonich Patton Ehrlich Policastri in San Jose.
Although parents have a fundamental right to custody of their children, this right is not absolute. What is of upmost importance is the child’s fundamental right to have a home placement that is safe. They deserve a home that is stable, and permanent. It is up to the court to decide whether that be with their parents or grandparents. Potentially, the court could decide upon another third party. At the end of the day, the court bases its decision off what is in the best interest of the child. This “best interests” approach allows courts to comprehensively look at all circumstances in determining which home environment a child would be happiest and most successful.
Get In Contact With An Attorney
These issues can get extremely complicated and hard to understand. Therefore, if you or a loved one is a dedicated grandparent hoping to fight for child custody or want to learn more about joint custody options, please contact one of the dedicated attorneys at Lonich Patton Ehrlich Policastri in San Jose. You can set up a free consultation here.
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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Child Custody Attorney In San Jose, CA
/in Family Law /by David PattonChild custody can be a living nightmare for most. The fight for custody can arise in many situations, from divorce to one parent moving away or mistreatment of kids. It’s important to get a family lawyer who can help you navigate this rocky time as smoothly as possible.
If you’re looking for a child custody attorney in San Jose, Lonich Patton Ehrlich Policastri is here for you. There are a few important things to consider when looking into a family law attorney.
Does The Attorney You’re Looking At Specialize In Family Law?
You need a lawyer who specializes in family law. If you have a lawyer who practices in many different areas, they won’t be well equipped to help you like you deserve. Choosing an attorney who deals with child custody cases regularly means they will know the ins and outs of the system that other lawyers won’t.
How Long Has This Lawyer Been Practicing Family Law?
Experience matters. How long have they practiced family law? How many child custody cases have they handled in the past 12 months? At a minimum, the lawyer you choose should have practiced family law for 5 years. Lonich Patton Ehrlich Policastri has decades of experience with family law. They know the ins and outs of child custody cases and most likely know about the judges in the area and their leanings.
What Court Are You Going To?
This may seem like a minor question, but it matters. An experienced child custody attorney in San Jose is going to know the courts and proceedings that go on there. More importantly, they will know of the different judges and council. They will know if a judge leans towards mothers more frequently or if they have any biases. This will work in your favor because they can help you build a stronger case. Find out how often your attorney has been to the court and how they can use this information to your benefit.
What Do Their Testimonials Look Like?
You can learn a lot about a lawyer from their customer testimonials. With the internet, it’s easier than ever to hear from all sorts of people what their experience was like. This means you can make the most informed decision. LPEP Law prides itself on being assertive, effective and compassionate with their clients and cases. You want an attorney who cares about your situation and cares about your kids.
How Do They Communicate With You?
It’s all too common when hiring a lawyer, to talk to them once and after accepting your case, you don’t hear from them for months. You want an attorney who will stay in communication with you and keep you updated on how your case is progressing. Child custody is expensive and stressful. You want to know it’s in good hands and you want to be reassured throughout the entire process that what’s in your best interest is being done. A competent attorney will keep you in the loop.
Child custody is one of the hardest things you can go through, and it’s overwhelming to know where to start. That’s why LPEP Law offers a free 30 minute consultation. This can give you insight on how to move forward and what steps you need to take, specific to your case. You can schedule your free consultation here.
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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Tom Petty’s Estate is Having a Breakdown
/in Estate Planning /by Michael LonichTragically, Tom Petty passed away in 2017. He left behind his wife, Dana Petty, and daughters, Adria Petty and AnnakimViolette, from a previous marriage.
Before he passed away, Tom Petty had prepared an estate plan. Upon his death, Dana was appointed as the sole trustee of Tom Petty’s entire estate. In the documents, there was a provision included that required Dana, and Tom’s two daughters, Adria, and Annakim, to participate equally in the management of the estates’ artistic assets.
Unfortunately, it turns out that Tom Petty’s estate plan was not as precisely written as the lyrics he was famous for.
The Beginning of a Long Lititgation
Adria Petty and Annakim Violette filed a lawsuit against Dana Petty for the court’s interpretation of the term “participate equally” in regards to the estates’ artistic assets. The daughters believe that the term “participate equally” would mean that Adria, Annakim, and Dana each get a vote with majority rule. Dana did not have the same interpretation of the same term.
Dana Petty responded to the lawsuit by claiming that as sole trustee, she alone has the authority to create the entity that will manage the estate’s assets and that “participate equally” applies only to management of that entity. As a result, this disagreement of definition sparked an extremely long and arduous litigation to decide what the document’s language meant.
Determining the Meaning of Language in Estate Plans
When an estate plan has terms with an unclear interpretation, it will lead to many issues including expensive litigation. The court process for interpreting an estate document can be complicated when the language used in an estate document can be interpreted in multiple ways.
Firstly, In California, to determine what the settlor intended, the court will have the express language of the document examined. If the language is determined to be clear and definite by the court, the analysis will end and the matter is settled. However, if the court believes the language to be ambiguous, the court will then consider the circumstances under which the estate was created.
Secondly, and finally, if the court determined the document’s language to be ambiguous, the court will attempt to place itself in the estate creator’s shoes. The court will exercise its independent judgment of the estate creator’s intention by examining evidence that is uncontested from outside the document. For example, the court may consider when the document was created, if there the documents were created by an attorney, and what kind of state of health the settlor was in. If that is the case, the process could potentially be excruciatingly long no matter how large or small an estate may be.
How Do I Get Legal Assistance for Estate Planning?
Involving the court in determining your wishes is costly, time consuming, and frustrating for your beneficiaries. If you are interested in planning your estate, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri to assist in drafting your documents with the most clear and definite language possible.
Meanwhile, 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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Family is More Than Just DNA: Stepparent Adoptions
/in Family Law /by Riley PenningtonStepparents play an important role in a child’s life. Many stepparents want to solidify their role as a child’s parent and fully accept the responsibilities and joys that come with it. Making the choice to adopt a child is an incredibly personal one, and likely comes with a slew of questions for both the parent and the child.
What Is A Stepparent Adoption?
A stepparent adoption is when the spouse of a child’s custodial parent (the parent the child lives with) adopts that child. It is the policy of the Social Services Agency that the custodial parent and the stepparent be married for at least one year prior to the adoption.
What Does the Process Entail?
Generally, to complete a stepparent adoption, the stepparent and custodial parent will first fill out the necessary forms and file a petition in the county in which the stepparent resides. Then, there will be a hearing in court on the matter, in which the child to be adopted, the custodial parent, and the adopting stepparent all attend. The court will then decide to grant the adoption or not.
The process can be also be broken down into 6 steps:
What Consent Do I Need?
The stepparent will need to get consent from the birth parent who is giving up custody of the child. If the birth parent does not want to sign a consent form, you can file a petition to end their parental rights.
However, there is always a question as to whether the birth parent’s consent is required. To answer this question, you have to determine whether that birth parent has consent rights under Family Code §§ 8604-8605 and the Uniform Parentage Act, and/or whether there are grounds to dispense the birth parent’s consent pursuant to Family code §§ 7800 or 8606.
You will also need to obtain the consent of the parent who is retaining custody of the child—in other words, the custodial parent. The custodial parent must sign a consent, in front of the Court Investigator, a court clerk, or a notary public, allowing his or her spouse/partner to adopt the child.
*Understanding consent can be tricky. For clarity, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.
What Does the Court Consider?
The court’s primary concern in an adoption is the child’s best interest. The court hopes to maximize a child’s opportunity to develop into a stable, well-adjusted adult. The court will determine the least detrimental alternative for safeguarding the child’s growth that maximizes the child’s sense of being wanted.
What Happens After The Hearing?
If an adoption is entered, the adopted child and stepparent sustain the legal relationship of parent and child. They can enjoy all of the rights and duties of that relationship. This means that the stepparent has the right to make educational and medical decisions for the child, enter into contracts on the child’s behalf, and discipline the child among other things. Stepparents then can experience all the other joys and hardships that come with being a parent.
How Do I Start The Process?
If you seek to start the adoption process for yourself or a loved one, or have questions about birth parent consent to adoptions, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.
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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.