Prenuptial agreements often receive a bad rap, mainly due to misconceptions about them. They’re frequently portrayed in movies and television shows as a safeguard, protecting an older, wealthy person from a gold digger’s devious plans.

In reality, prenuptial agreements are an effective legal tool. In marriages where one or both spouses have been previously married, unique financial dynamics are at play. There may be significant personal assets that need protecting, especially if either spouse has children from their previous relationship.

Understanding Prenuptial Agreements

A prenuptial agreement is a legally binding contract that both parties sign before marriage. It outlines how assets, debts, and other financial responsibilities will be handled during the marriage and upon its termination, whether by death or divorce.

While the details will vary, a solid prenuptial plan will include:

• An inventory of what each spouse owns coming into the marriage
• How assets will be classified and divided if the marriage ends
• Who is liable for what premarital debts
• The terms for spousal support
• The protection of assets for children from a previous relationship, if any, or other beneficiaries
• Safeguards for business ownership or a professional practice

Why Second Marriages Need Extra Financial Protection

While many second marriages can last a lifetime, the statistics show a sobering reality. 50% of first marriages end in divorce, compared to a 60-70% divorce rate for second marriages.

When you remarry, it’s usually not just two people joining lives. Almost 40% of American families are blended, meaning there is at least one step-parent relationship. It’s essential to ensure that each spouse’s biological children inherit certain family assets. A prenuptial agreement protects the children’s inheritance while the couple builds their life together. 

People getting married for the second time have typically established some wealth, such as:

• A home with equity
• Retirement accounts built over decades
• Valuable collections or family heirlooms
• Business interests
• Investment portfolios

These assets represent years of hard work. A prenuptial agreement ensures that they remain separate and don’t become subject to California’s community property laws.

Second marriages also involve ongoing commitments from previous relationships, including:

• Spousal support
• Child support
• Shared custody expenses
• College funding plans

A prenuptial agreement provides clarification regarding these responsibilities so they don’t become a source of conflict during the marriage.

California’s Community Property Laws

California is a community property state, which means most assets acquired during the marriage are owned equally by both spouses. This includes:

• Income earned by either spouse
• Property purchased with marital income
• Contributions made to a retirement plan during the marriage
• Any business growth that occurred after the wedding

Without a prenuptial agreement, your spouse could claim rights to half of everything you received during your marriage. This could be problematic if:

• You own a business that experiences growth during the marriage
• You receive an inheritance that you intend to pass to your children
• You contribute to your retirement using separate property funds
• You make improvements to a separate property using community funds

A valid prenuptial agreement can override California’s community property laws. You and your spouse can agree to keep certain assets separate during the marriage, establish your own property division rules if you divorce, and protect business interests from community property claims.

Taking Action to Protect Your Finances and Your Family’s Future

Prenuptial agreements are particularly crucial for second marriages, given California’s community property laws. A well-crafted agreement can provide peace of mind for you, your spouse, and your families. Our attorneys at Lonich Patton Ehrlich Policastri have the experience you need to ensure your prenuptial agreement meets your needs and complies with California’s Uniform Premarital Agreement Act.

Contact us at 408-553-0801 to schedule your free consultation.

 

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

Child custody agreements aren’t set in stone, especially as life changes. What worked well when your child was three may no longer be ideal when they’re ten. 

If you’re wondering whether a custody order can be modified, the answer is yes, but there are rules and procedures to follow, especially in California. Here’s what you need to know if you’re considering a change in your custody arrangement.

When Can a Custody Agreement Be Changed?

In California, a child custody agreement can be modified if it’s in the best interest of the child and if there’s been a significant change in circumstances since the original order was made. The courts generally want to maintain stability in a child’s life, so they don’t make changes lightly. Some common reasons that justify a change include:

• One parent is relocating
• A change in the child’s needs (such as school, medical issues, or age)
• One parent’s ability to care for the child has changed (due to illness, job changes, substance abuse, etc.)
• The current arrangement is no longer working or safe

How to Modify a Custody Agreement in California

Here’s how you can make modifications to a child custody agreement in California. 

Work It Out Together (If Possible)

If both parents agree to the change, the process is usually smoother. You can draft a new parenting plan and submit it to the court for approval. The court will generally approve it as long as it serves the child’s best interests.

File a Request for Order (If You Don’t Agree)

If one parent wants to change the agreement and the other does not, the requesting parent must file a Request for Order (RFO) with the family court. This formally asks the judge to review and change the custody arrangement.

Attend Mediation

In California, you’ll likely be required to attend mediation with Family Court Services before the hearing. This gives both parents a chance to work out their differences with the help of a neutral third party.

Go to Court

If you still can’t agree in mediation, you’ll go to a court hearing where the judge will decide whether a change is warranted based on the evidence and arguments presented.

What Does the Judge Consider when Changing a Child Custody Agreement?

The California court always puts the child’s best interest first. Judges will consider:

• The child’s age and needs
• Each parent’s ability to provide a stable, loving environment
• The existing relationship between the child and each parent
• Any history of abuse, neglect, or substance use
• The child’s preference (if the child is mature enough)

Need Help Changing a Custody Agreement?

Yes, child custody agreements can be changed in California, but only when there’s a valid reason and the modification supports your child’s wellbeing. Whether you and your co-parent agree on the changes or need help from the court, it’s important to navigate the process carefully.

Our experienced family law attorneys at Lonich Patton Ehrlich Policastri are here to guide you through the process. Whether you’re pursuing an agreed change or facing a contested modification, we’ll advocate for your rights and your child’s best interests. Contact us today for a free consultation.

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

Blended families are becoming increasingly common in the United States. When minor children are involved, some step-parents choose to take the significant and emotionally rewarding path toward legally adopting their spouse’s child. This process grants the step-parent all the legal rights and responsibilities of a biological parent, which can be important for custody, inheritance, healthcare and education decisions, and more. More than that, though, many step-parents feel that this legally-binding process reflects their dedication to a permanent parental relationship, which can strengthen emotional bonds and give the child a sense of security and identity. 

While step-parent adoption is rewarding, it can also present some challenges. This comprehensive guide explores the legal considerations and steps involved as well as some practical tips that can make the process smoother.

Legal Requirements and Eligibility

Although step-parent adoption laws vary by jurisdiction, some common requirements include:

• Marriage: Most states require the step-parent to be legally married to the child’s biological or legal parent.
• Consent: Usually, states require that the child’s non-custodial biological parent consents to the adoption unless their rights are terminated due to neglect, abandonment, or being unfit or deceased.
• Background check: A criminal background check or home study might be required.
• Child’s consent: For older children (usually over the age of 12), a court may also require their consent.

The Step-Parent Adoption Process

Because the adoption process can be complicated and laws vary by state, your first step should be to consult a family lawyer. They can help clarify the local legal procedures, file necessary paperwork, give you sound legal advice, and represent you in court.

Your family lawyer will file the adoption petition in your local family court. The petition will likely include consent forms, your marriage certificate, the child’s birth certificate, and proof that you have contacted (or attempted to contact) the non-custodial parent.

If you are unable to obtain consent from the non-custodial biological parent, the court must determine whether there are grounds to terminate their parental rights.

Once your petition has been filed, the court might ask for a home study to assess the living environment. This requirement is often either waived in the case of step-parent adoption or less rigorous than in other adoption petitions.

Finally, you and your spouse will attend a court hearing where the judge will review your case, ask questions, and either grant or deny the adoption. If granted, the child will receive a new birth certificate with the adoptive step-parent’s name, and the adoption becomes permanent and irreversible.

Practical Tips

Include the child in the process, and be patient as they adjust to this new reality. Try to respect the existing parental relationship with the non-custodial parent, even if it is less than ideal. Consider family counseling and encourage open communication. Celebrate the adoption day as a family milestone by having a special ceremony or making a keepsake. Don’t be afraid to reach out and seek support. 

Interested in Pursuing Step-Parent Adoption?

The Family Law Group at Lonich Patton Ehrlich Policastri (LPEP Law) has years of experience in helping blended families navigate the challenges of adoption. Contact us to schedule a free 30-minute consultation to discuss your case today.

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

Divorce is often tough, but raising children together after divorce adds a whole new layer of complexity. Co-parenting isn’t always easy, but with the right mindset and a few practical tools, it can be successful. Whether you’re newly divorced or have been navigating this journey for a while, this guide is here to help you manage co-parenting challenges and focus on what matters most: your kids.

What Is Co-Parenting?

Co-parenting is when both parents remain actively involved in their child’s life after a separation or divorce. It means making joint decisions, attending school events, coordinating schedules, and staying in communication, preferably in a way that supports the child’s emotional well-being.

In California, family courts often encourage shared custody arrangements because studies show that children tend to do better when both parents are involved. That said, co-parenting successfully takes work.

Common Co-Parenting Challenges (And How to Handle Them)

Co-parenting comes with challenges, there’s no doubt about it. Here are some of the issues that many parents face when navigating this difficult situation. 

1. Communication Breakdowns

This is probably the most common challenge divorced parents face. Misunderstandings and emotional tension can make it hard to have clear conversations.

Tip: Use neutral, respectful language. Stick to the topic at hand and avoid bringing up past relationship issues. If face-to-face conversations are difficult, consider using parenting apps to keep everything documented and civil.

2. Different Parenting Styles

One parent might be more strict, while the other is more laid-back. This can confuse kids and lead to tension between parents.

Tip: You don’t have to agree on everything, but aim for consistency on the important issues like bedtimes, homework rules, and screen time. Focus on your shared goals: raising happy, healthy, respectful kids.

3. Scheduling Conflicts

Between school, sports, family holidays, and custody agreements, scheduling can quickly get messy.

Tip: Keep a shared calendar and plan ahead, especially for holidays and vacations. Be flexible when you can – life happens, and showing grace can go a long way.

4. Emotional Stress

Even if you’re on good terms with your co-parent, emotions like guilt, anger, or sadness can creep in.

Tip: Take care of yourself, too. Therapy, support groups, or just talking with a friend can help you process your feelings. The more balanced you are emotionally, the better parent you can be.

When to Seek Legal Help for Co-Parenting Challenges

If you’re facing ongoing issues (like a parent not following the custody order, or constant conflict that affects your child), it may be time to revisit your parenting plan. In California, family law courts allow parents to request modifications when circumstances change.

At Lonich Patton Ehrlich Policastri, our experienced family law attorneys can help you understand your rights and options, and guide you through the legal process if needed.

Contact us today to schedule your free consultation.

 

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

Divorce is hard. Trying to negotiate and balance child custody agreements or determine child support can add stress to an already emotionally draining situation. Laws regulating family leave aim to protect families by providing a framework to allow individuals to take time off when they need it to care for children or other family members without the threat of losing their job and income. In this article, we’ll look at family leave and some of the implications for custody and support agreements.

State vs Federal Laws

Under the federal Family and Medical Leave Act (FMLA), qualified employees are entitled to take up to 12 weeks of unpaid leave within a 12-month timeframe for specific medical or family-related reasons. While there have been proposals to broaden the scope of the FMLA, its current provisions remain limited. Parents may only take leave to bond with a newborn, newly adopted, or foster child, or to care for a child facing a serious health issue.

For those not eligible for the FMLA, you might find some relief through state-specific policies on family leave, although these vary greatly from state to state. Several states have enacted mandatory or voluntary paid family leave laws, which lessen the financial burden on parents who need to take time off to care for children. Even if your state does not yet have policies in place, it’s a good idea to keep checking because family law is a dynamic field, and changes could impact custody and child support agreements.

Impact on Custody Agreement

Whatever family leave policies are in place with your employer could affect your capacity for physical custody or availability for a visitation schedule. If you are able to take extended time off, or if your work schedule can be more flexible, you might be able to ask for joint custody or a more favorable visitation schedule (i.e., not limited to weekends).

Some state family leave legislation also provides for gender-neutral leave policies, which means that both parents can take time off as needed, which opens the door for a more balanced and equitable custody arrangement and visitation schedule.

If you already have a custody agreement in place, you might need to provide proof from your employer that you will be able to take leave to care for your child before any adjustments will be made.

Impact on Child Support

Courts often calculate child support agreements based on parents’ income, so agreements might need to be modified in light of family leave, especially if it is for an extended time. Paid family leave, where available, can reduce the financial strain on parents and make it easier to meet child support obligations. However, if family leave is unpaid, a parent’s income might be reduced, which could then reduce child support obligations, at least while the parent is on leave.

Family Law Experts in California

If you live in California and have questions about state family leave legislation and how it might affect your custody or child support agreements, it’s best to speak with certified family law specialists who are committed to staying on the cutting-edge of important legal developments in family law. The family law group at Lonich Patton Ehrlich Policastri (LPEP Law) has extensive experience in helping clients navigate the family court system and will work toward the best outcome for you and your family.

Call LPEP Law at 408-553-0801 to schedule a free, no-obligation consultation to discuss your custody and child support issues. Get the help you need today.

 

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