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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 Does “Joint Custody” Mean?
/in Family Law /by Gina Policastri“Joint custody” is a complex legal term that can have several meanings. The term may refer to one of California’s several types of child custody arrangements including “pure” joint custody, joint legal custody, or joint physical custody. Each different joint custody arrangement has separate rights attached to it.
First, “pure” joint custody refers to an arrangement where neither parent has sole physical or legal custody of the child. This means that each parent has the equal right to control and supervise the child and to share custodial time with the child.
Second, joint legal custody exists where both parents share the rights and responsibilities of making decisions about the child’s health, education, and welfare. It is important to note that joint legal custody can be granted without granting joint physical custody. This means that one parent may have the right to have the child live with them (subject to the other parent’s visitation rights), while both parents share the responsibility for making important decisions regarding the child.
Third, joint physical custody exists where both parents have the right to have the child present in their home for significant periods of time. Physical custody may be shared so that the child is assured he/she will have continued and frequent contact with both parents.
For more information, please contact our San Jose child custody lawyers at Lonich Patton Erlich 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Charlie Sheen’s Family May Seek Conservatorship
/in Estate Planning /by Michael LonichNews of Charlie Sheen’s intense lifestyle revolving around drugs, alcohol, and parties, has been circulating around the press for months. Just recently, an article published by NY Daily News, discusses the possibility of Sheen’s parents trying to obtain a conservatorship over the party boy actor.
A conservator is a responsible individual who is appointed by a judge to care for another adult who cannot care for either himself or his finances. A person who believes they would make an effective conservator for a loved one, can file for conservatorship in court. A spouse, relative, or state or local government agency, friend, or any interested person can file for conservatorship.
There are two types of conservators. The first type is known as the “conservator of the estate.” A conservator of the estate handles the finances of the conservatee. The second type of conservatorship is the “conservator of the person.” This is a conservator who looks after and protects a person in relation to their healthcare, living arrangements, etc.
If you are interested in learning more about California conservatorships, please contact our attorneys at Lonich Patton Erlich Policastri for more information. 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Source:
New York Daily News
Can You Remarry Before Your Divorce is Final?
/in Family Law /by Mitchell EhrlichIn short, the answer is “no.” Under California law, an individual who is legally married cannot enter into another legal marriage before terminating the first marriage. Recent news of Kelsey Grammer’s approaching marriage to Kayte Walsh has brought this issue to light. Grammer, although planning his February wedding to Walsh, is not yet divorced from his current wife, Camille Grammer.
California couples in similar situations might want to consider reading up on California’s “status only” judgment. A “status only” divorce, or bifurcation, is a legal proceeding where a couple’s marital status is terminated before other divorce issues, such as property characterization and division, are settled. Upon one party’s motion, the court can sever the issue of dissolution of marital status, and expressly reserve the right to later determine all of the other pending issues. Thus, after bifurcation, the individuals are considered legally “single” and are free to remarry. However, the court retains jurisdiction to settle all of the other remaining issues.
For more information on how to best proceed with your California divorce, please contact us. 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Source:
The Huffington Post
After Paying Out £42 Million in Alimony, Phil Collins Says He is in No Rush to Remarry
/in Family Law /by David PattonFamous musician and song-writer, Phil Collins, gave an interview to the UK Mirror about his past and present romances. With three ex-wives, Collins has paid out over £42 million in alimony. In the U.S., this would translate to approximately $66.5 million in settlement payments. Collins is currently dating news anchor Dana Tyler, whom he met in 2006 while she was interviewing him about a Tarzan stage show that was set to play on Broadway. While Collins had a lot of nice things to say about Tyler, he made it clear that he believes he is better off not remarrying. For more information please see the full article.
If you have been bitten by alimony payments, before choosing to remarry, it would be a good idea to make sure you have a solid prenuptial agreement in place. A prenuptial agreement is a contract between the two prospective spouses. It can address a wide variety of issues including property rights and obligations during marriage and upon divorce. A prenup might be right for you if prior to your marriage you own real estate, own more than $50,000 of assets aside from real estate, have ownership rights in a business, or earn a salary of more than $100,000 per year.
If a prenup sounds like a good idea, it is wise to consult a qualified family law attorney for advice. However, before seeing an attorney, it is recommended that you and your fiancée discuss the essential terms of the agreement. This way, your lawyer will have a better understanding of your needs and concerns.
For more information about prenuptial agreements, please contact the family law attorneys at Lonich Patton Erlich 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Sources:
Nolo
Unmarried Couples Living Together May Need a Cohabitation Agreement to Implement an Effective Estate Plan
/in Estate Planning /by Michael LonichCohabiting unmarried couples, who are not registered domestic partners, may be left financially vulnerable if they do not have an enforceable estate plan in place. A “cohabitation agreement” can help unmarried couples effectively plan for the distribution of their property upon death. A cohabitation agreement is a formal contract entered into by both of the cohabiting parties. Specifically, a cohabitation agreement addresses issues relating to rights and ownership of assets, support and maintenance, and division of property upon the dissolution of the relationship or death of one of the parties. These agreements are usually enforceable unless they are explicitly founded on meretricious sexual services.
The division of the couple’s assets at death is governed by California contract law and not community property law. This means that property acquired during the relationship of non-married couples is not considered “community property.” Therefore, upon the death of one party, the surviving partner is not necessarily guaranteed a portion of the assets the couple acquired during their relationship. Moreover, because California community property law does not apply in this situation, the names on the title of property often determine how assets are divided upon the death of one of the partners. A cohabitation agreement serves to ensure that both parties’ wishes are honored upon their passing.
For more information on cohabitation agreements or how to protect your partner after you pass, please talk to Silicon Valley estate planning attorneys at Lonich Patton Erlich 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.