Relocation and custody disputes are nothing new. Family courts have been adjudicating these types of cases for years. Parents need (or want) to move for a variety of reasons such as pursuing new job opportunities or wanting to be closer to their family. But what happens if the relocation request is due to environmental factors stemming from climate change?

Climate change is no longer relegated to melting ice caps far away and air pollution in big cities. Extreme weather events, flooding, wildfires, and heat waves, among other things, are affecting more and more families, forcing parents to make life-altering decisions about how to deal with evacuations, where to live, and how to keep their children healthy and safe. 

If one parent wants to move to another city or even another country to escape the effects of climate change but the other wants to stay, they should first try to reach a mutual agreement to revise their child custody agreement. However, if they cannot agree, the parent who wants to move will likely need to file a relocation or move-away case in family court.

Factors the Court Considers

In most relocation disputes, a judge will consider several factors, including: 

• The reason for the requested move
• The child’s relationship with both parents
• The impact on the child’s wellbeing (i.e., what’s in the child’s best interests?)
• Practical implications on the custody arrangement (i.e., will the child be able to maintain a relationship with both parents?)

How Climate Change Affects Relocation Disputes

Relocation due to environmental factors is not a preference but a matter of survival for some parents. For instance, California residents struggling in the wake of wildfires or families living in coastal areas that are being threatened by sea-level rise might feel like environmental risks outweigh the benefits of their current living situation. Safety and stability for their family, rather than a lifestyle choice or convenience, is at the root of these types of climate-driven relocation decisions.

Legal Questions to Be Answered

If the relocation and custody dispute ends up in family court, judges will likely need to answer some difficult legal questions. How real is the risk? When does a move actually become necessary as opposed to preferred? What if one parent can’t move away from the area of concern? Does that mean the child will not maintain contact with that parent? As with other relocation disputes, the court will always prioritize the best interests of the child; however, in cases where climate change is the driving factor, lawmakers will likely need to present scientific evidence such as climate risk assessments.

Get Help With Your Relocation and Custody Dispute

Are you considering a relocation due to environmental factors such as the threat of natural disasters, storms, pollution, or flooding and having trouble agreeing on changes to your custody agreement? Don’t hesitate to put your family’s health, safety, and security first. Schedule a free consultation with the family law experts at Lonich Patton Ehrlich Policastri (LPEP Law). We have years of experience in helping parents navigate difficult child custody issues. Get the help you need with your relocation and custody dispute today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Currently, all 50 states recognize no-fault divorce as a viable option for couples to dissolve their marriages. However, several states and legislators have proposed changes that would limit or prohibit no-fault divorces, moving toward a system that would require a spouse to prove fault or wrongdoing as a basis for divorce. What would an end of no-fault divorce look like?

What is No-Fault Divorce?

First, it’s important to understand what we mean when we talk about “no-fault” divorce. As the name suggests, no-fault divorce means that neither spouse needs to prove any sort of fault or misconduct, such as adultery, cruelty, abandonment, abuse, etc., as a basis for seeking divorce and can instead cite “irreconcilable differences.” The advantages of no-fault divorce usually include reduced conflict and strain between former spouses, which leads to quicker resolution and greater opportunities for cooperative co-parenting. In addition, both parties are better able to maintain their privacy and dignity throughout a stressful and emotional legal process.

Legal Implications of Ending No-Fault Divorce

To understand the legal implications of ending no-fault divorce, we can look at the legal landscape prior to the establishment of no-fault divorce laws. Generally speaking, obtaining a divorce was significantly more challenging, especially for women. 

As in the past, courts would likely require one spouse to prove fault, such as:

• Infidelity
• Physical or emotional abuse or neglect
• Abandonment
• Criminal conviction
• Substance abuse

The requirement to prove fault often led to contentious, drawn-out legal battles that were time-consuming, costly, and potentially embarrassing for both sides. Some couples even resorted to making up evidence in order to meet the legal requirements of proof.

Failure to establish fault could lead to the denial of the divorce.

Social Implications of Ending No-Fault Divorce

Given the stricter legal requirements noted above, the end of no-fault divorce would also likely have a significant social impact. Women’s groups in particular worry that returning to a fault-based divorce system will force many people to stay in abusive marriages because they will be unable, or reluctant, to produce evidence of abuse.

Other people might choose to stay in unhappy marriages rather than publicly air their private issues. In these cases, the mental and emotional wellbeing of both parties, as well as any children involved, would be negatively affected.

Even successful divorces would probably carry an increased social stigma, since the “fault” established would be equated with moral wrongdoing.

Practical Implications 

The requirement to establish fault would necessarily have practical implications, including more expensive divorces and a slower, more congested legal system. Spouses would need to gather evidence that could be presented in court, which could be costly as well as emotionally draining. An increased financial burden of hiring lawyers would make divorce difficult for lower-income families. “Fault” could unduly influence child custody or visitation rights as well as division of assets since the “at-fault” spouse might be denied custody or visitation or receive reduced spousal support or marital assets.

Need Help With Your Divorce?

If you are considering divorce for any reason, it helps to have experienced legal professionals on your side. The family law firm group at Lonich Patton Ehrlich Policastri (LPEP Law)  has over 100 years of combined litigation experience to walk you through the process and seek out the best possible outcome. Call us today to schedule a free, no-obligation consultation to discuss your case and go over all your options.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Most people think about divorce as the ending of a marriage, but under certain circumstances, an annulment is more appropriate. Legally, an annulment nullifies a marriage so that it’s as if it never occurred.

If your spouse has died, and you are dealing with inheritance issues, spousal debts, or other issues related to you or your spouse’s estate you might be wondering if an annulment, rather than a divorce, could be an option.

The short answer is that when your spouse dies, the marriage is legally ended by their death, so an annulment is not usually an option since that process applies while both parties are alive. However, if an annulment is necessary to protect the rights and the best interests of heirs, family members can sometimes pursue an annulment if certain conditions are true and provable. 

What circumstances precipitate an annulment?

Legal Reasons for Annulments

There are several legal reasons for which a judge would grant an annulment of a marriage. In California, for example, a family court judge would grant an annulment in cases of:

• Bigamy – one of the spouses is married to someone else
• Incest – you are close relatives
• Underage marriage – one spouse was under 18 at the time of marriage and did not obtain parental permission
• Fraud – one spouse was tricked into the marriage
• Unsound mind – a spouse lacked the mental capacity to agree to the marriage (including due to inebriation)
• Forced marriage – one spouse was forced into the marriage
• Lack of consummation – one spouse is physically unable to consummate the marriage

Declaration of Invalidity

In lieu of an annulment, you might be able to seek a declaration of invalidity through the family court system, which is similar to an annulment, to try to challenge or clarify the legal status of the marriage. You would need to present significant evidence that the marriage was void from the beginning and therefore never valid legally. Void marriages involve issues similar to those required for annulment, including bigamy, fraud, lack of consent, mental incapacity, incest, and fraud. Similar to an annulment, the process to declare a marriage invalid usually occurs while both spouses are alive, but some jurisdictions might consider it after the death of a spouse.

Key Things to Consider

Embarking on a legal challenge after the death of a spouse can take a huge personal toll on you mentally, emotionally, and financially. You should weigh these costs and recognize all the potential outcomes and their impacts on your family, especially if you have children.  

Since family laws related to annulments, declarations of invalidity, inheritance, spousal support, and more vary widely by jurisdiction, it’s important to consult with a family law attorney who specializes in this specific area of a law in your state of residence. 

Get Help from Family Law Attorneys

The family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) have years of experience helping families work through complex issues related to annulments, pre-nuptial agreements, property division, and inheritance. Schedule a free, no-obligation consultation to speak with our team about your case. Let LPEP help you protect your rights and your family. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Numerous studies have shown that children perform better academically and socially when both parents are committed to being involved in their lives. California courts prioritize the best interests of the child. They will typically award both parents joint legal and physical custody unless there is a compelling reason why the child would be better off with only one parent.

The court also requires the parents to participate in mediation before they make a ruling. Mediation, facilitated by a neutral third-party mediator, enables parents to develop a parenting plan that allows both to spend quality time with their child. The mediator’s role is to guide the discussion, ensure both parents’ voices are heard, and help them reach a mutually beneficial agreement. Instead of a contentious court battle, mediation focuses on creating a parenting plan through open communication and cooperation. In turn, this can lay the groundwork for a better co-parenting relationship.

Why Mediation Might Fail

Mediation isn’t always successful. Even though parents start with the best intentions, they might struggle to come to an agreement. Some reasons for failure include:

• The divorce is high-conflict, making productive discussions impossible
• One or both parents are unwilling to compromise
• They are too far apart on key issues such as decision-making authority and schedules
• There was domestic abuse
• Some legal issues are still unresolved

Even if mediation fails, there are other options for resolving child custody issues.

What to Expect if Mediation Fails

When mediation fails, a family court judge becomes responsible for issuing a child custody order. They will hear both sides, consider the evidence, and make their decision based on factors such as:

• The location of each parent
• The parent’s ability to provide a safe and stable environment
• The relationship between the child and each parent
• The child’s preference, depending on their age

Before the court hearing, gather documentation such as medical records, school records, and any other evidence that demonstrates your ability to be a capable parent who prioritizes your child’s well-being. During the court hearing, stay focused on the child and avoid airing any grievances about the other parent. 

The judge may require additional information before deciding what is in the best interest of the child and may order a custody evaluation. An evaluator, such as a child psychologist or social worker, will conduct a thorough assessment, looking at factors such as:

• Each parent’s relationship with the child 
• How the child interacts with their parents
• The ability of the parents to provide a stable environment
• Each parent’s willingness to encourage a relationship between the child and the other parent

Upon concluding their assessment, they will provide recommendations to the judge.

Throughout the process, remember that your child is still adjusting to the new family dynamics. You play a crucial role in this adjustment. Prioritize their emotional health by maintaining a stable home environment and providing a consistent routine.

Seek Legal Representation

There is too much at stake to navigate a child custody case on your own. You need the support and guidance of one of our experienced family lawyers at Lonich Patton Ehrlich Policastri. Our attorneys have over 100 years of combined litigation experience. We will help present your case and advocate for a custody plan that is in the best interest of your child.

We understand that this situation is overwhelming, so we will be with you throughout the process, ensuring you know your rights and options.

Call (408) 553-0801 to schedule your free consultation. We look forward to working with you.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

When it comes to estate planning, many people think of wills, trusts, and dividing up assets. But for parents of minor children, one of the most important decisions to make is choosing a legal guardian. If something unexpected happens to you, who will step in to raise and care for your children?

At LPEP, we understand that this question isn’t easy. But making a thoughtful plan now helps protect your children’s future and gives you peace of mind. Here’s what you need to know about guardianship considerations in estate planning.

What Is a Guardian?

A guardian is the person legally appointed to care for your minor child if both parents pass away or are otherwise unable to care for them. This includes making day-to-day decisions, providing a home, and ensuring the child’s physical, emotional, and educational needs are met.

In California, you can name a guardian for your child in your will. If you don’t make a plan, a judge will decide who takes on that responsibility, and it might not be the person you would have chosen.

What to Consider When Choosing a Guardian

It’s a big decision to make, but here are a few key things to think about:

• Shared values: Does the person share your values, parenting style, and views on education, discipline, and religion? You want your children to be raised in a way that aligns with your beliefs.
• Stability: Consider the guardian’s age, health, and overall lifestyle. Will they be emotionally and physically able to raise your children for years to come?
• Location: Will your child need to move far away, change schools, or adjust to a completely different environment? Sometimes staying close to friends, relatives, or their familiar community can help provide comfort.
• Existing relationships: Does your child already have a close, trusting relationship with this person? That connection can make a difficult transition a bit easier.
• Willingness: Always talk to the person you’re considering. Don’t assume they’ll be able or willing to take on the role, as it’s a big responsibility.

Naming a Backup Guardian for Minor Children

Life can be unpredictable, so it’s smart to name an alternate guardian just in case your first choice can’t step in. This ensures your children are protected no matter what.

Including Guardianship in Your Estate Plan

Once you’ve made your decision, it’s important to make it official. Work with an estate planning attorney to put your wishes in writing. This can be done as part of a will or a broader estate plan.

At LPEP, we specialize in helping California families create personalized estate plans that reflect their unique values and protect the people they love most. We’ll guide you through the process and help you make confident, informed choices.

Protect Your Child’s Future By Choosing a Legal Guardian

Choosing a guardian is never easy, but it’s one of the most loving things you can do for your children. By planning ahead, you take control of their future and give them the best chance for stability, care, and security, no matter what life brings.

Have questions about estate planning or guardianship in California? Schedule your free consultation with LPEP today – we’re here to help you protect what matters most.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.