What’s the Difference In Collaborative Divorce vs Mediation?

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Despite the dramatization of divorce, it doesn’t always have to be a messy, contentious process. Often, couples who are in agreement that a divorce is in the best interests of both parties can finalize the divorce agreement without a long trial. If you and your spouse both agree to negotiate a fair and equitable settlement, then learn about collaborative divorce vs mediation. One may be the best path for you. It will cost significantly less — as divorce litigation can result in a much more expensive divorce. It will also help you and your spouse avoid a long and stressful litigation process.

Who Collaborative Divorce vs Mediation Will Benefit

For some couples, the formal court litigation process is necessary. Collaborative divorce and mediation work best for the following types of spousal situations:

  • Both spouses should agree that a divorce is in their best interests.
  • Both spouses should agree to negotiate a fair and equitable decision that is a compromise of both spouse’s needs.
  • If the spouses share children, both spouses should have a relatively similar idea of a custodial arrangement that is in the best interests of the children.
  • Both spouses should agree to be transparent about financial information and property assets.

Before deciding between collaborative divorce vs mediation, it is important to understand what both options can mean for your divorce settlement.

What is Collaborative Divorce?

Collaborative divorce is the process of negotiating a divorce settlement in a four-way conversation with both spouses and their collaborative mediation attorney. 

Many people chose collaborative divorce because it may save them from going to court, but still requires qualified collaborative divorce lawyers to represent their interests. Oftentimes, collaborative divorce requires a third-party accountant and a child custody specialist so that they may determine an equitable division of property and a child custody arrangement that is in the children’s best interest.

Once the spouses and their attorneys reach an agreement, the details are presented to a judge in a trial setting, in which the judge quickly reviews and typically approves the divorce settlement. Since the spouses reached an agreement before the court hearing, the process is usually shorter and less stressful than typical divorce litigation.

What is Divorce Mediation?

Divorce mediation is the division of property that is facilitated by a divorce mediation specialist. 

The divorce mediation specialist does not need to be a qualified divorce attorney, however, couples with high-asset-net-worth are advised to hire a divorce mediation lawyer.

In this scenario, the mediator speaks to both spouses to obtain background information. Next, the mediator meets with both spouses and goes through the formal mediation process in which both couples share their perspectives and interests. The mediator’s goal is to allow both parties to express their interests and create an equitable compromise. The mediator also ensures that one spouse does not overpower the other spouse during the mediation process.

Although an independent divorce attorney is unnecessary in mediation, some spouses wish to have an attorney who they can speak to after the mediation meetings. Additionally, some spouses feel that they are unable to promote their interests on their own and bring their personal attorney to the mediation meetings. If your spouse brings their attorney, it is highly recommended that you do so as well.

How to Determine If Collaborative Divorce vs Mediation Is Right for You

If you are still uncertain if you and your spouse should choose the collaborative divorce or mediation process, then it is recommended to speak with a qualified divorce attorney. 

LPEP is a reputable law firm in San Jose specializing in high-net-worth divorce proceedings. Contact our office today for a 30-minute free consultation so that we can advise you on how to protect your interests without a stressful trial.

What Is Collaborative Divorce?

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Divorce doesn’t always have to be ugly. If you’re going through a divorce or considering one, you probably share the fear of angry confrontations and animosity that divorce brings with many other couples. While mediation can be a good option for couples who want to minimize the negative effects of a divorce and handle the settlement on their own, it isn’t for everyone. Mediation can even negatively impact one of the spouses as it does not rely on the fair assessment of a lawyer for help. Collaborative divorce is an ideal option for couples who want to maintain some sort of relationship, and effectively and fairly divorce with the help of legal counsel. What is collaborative divorce and how does it work?

What Is Collaborative Divorce?

Collaborative divorce is when both parties seeking a divorce acquire individual representation. Then, through a series of 4 way meetings, the couple and their attorneys will work together to reach a fair and amicable settlement. Collaborative divorce is for couples who wish to avoid going to court or avoid building any extraneous animosity between them. The end goal is to have both parties happy with the settlement, rather than one happy and one unhappy. 

The Job of Your Divorce Attorney

Collaborative divorce attorneys have specific job responsibilities they must follow to help their clients. They must be trained in negotiations and conflict resolution. They serve to advocate for their clients, maintain level-headedness, and reach a fair agreement. It is in the best interest of the attorney to help their client reach an agreement through collaborative divorce. Otherwise, if an agreement is not reached, the attorney or the attorney’s firm cannot represent the client in court. If you hire a collaborative attorney, and you withhold or pass false information to them, the attorney is required by law to inform your spouse and their representation and to remove themselves from the case. It is in your best interest to remain honest and forthcoming with your attorney, as they are there to represent and help you. 

Many people appreciate the collaborative process as it can utilize the help of outside parties such as mental health professionals (among others). Your attorney or your spouse’s attorney have the ability to bring in an outside authority if they feel it will help the process of reaching an agreement. Both parties will be fully aware of the outside party’s presence and their intentions before entering the meeting. This is so both parties can prepare with their attorneys, and this goes for every meeting, not just the ones with an outside authority. As an agreement is reached, it is the responsibility of the collaborative divorce attorney to draft the settlement into a legally binding document. For an agreement to be reached, both parties must agree on all consecutive issues. There has to be unanimous agreement on each issue for a settlement to be reached in collaborative divorce. 

If you are willing to negotiate with your partner, want to maintain a good relationship, and want to save money, a collaborative divorce may be the right option for you. Our experienced attorneys are skilled in the art of negotiation and conflict resolution. We want to help you and your soon-to-be ex spouse resolve your differences and come to an agreement that is best for both of your interests. Set up a free 30 minute consultation to discuss your options. Set yours up here.

What Is A Postnuptial Agreement?

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Most people understand what a prenup is, but what is a postnuptial agreement? This is an agreement many couples entering into marriage may not know about, but they should. How can a postnuptial agreement help you and your partner?

What Is A Postnuptial Agreement?

A postnuptial agreement is very similar to a prenuptial agreement. The main difference is that the agreement is entered into after marriage as opposed to before. Just like a prenuptial agreement, a postnup is there to help dictate how assets and real estate will be divided in the case of a divorce. Postnuptial agreements can also help protect one spouse from the other spouse’s debts. While a postnup is most closely associated with infidelity and marital issues, it can be a very beneficial tool for a successful marriage. 

How Can A Postnuptial Agreement Help You?

There are many ways that a postnup can help you and your spouse, and protect your interests. In California, property acquired during the marriage is presumed to be community property in a divorce. Community property means that both spouses own the property and assets equally, and they will be equally divided in court. Many California couples choose to create a postnup to avoid this equal division and to instead have assets divided as they wish. What are some examples of a postnup being beneficial?

A spouse hands a pen to their partner as they sign a postnuptial agreement together

Affairs & Infidelity

This is probably the most recognized reason for acquiring a postnup. If two parties enter into a marriage trusting one another, and post-marriage that trust is broken, many couples turn towards a postnuptial agreement for help. The potential for the marriage to not work out comes to the forefront of the couple’s mind, and they are forced to think about what the dissolution of their marriage might look like. This causes people to create a postnup to protect their assets and interests and hopefully support restoring trust.

Excessive Arguments & Turmoil

Similarly to an affair, excessive arguments can cause couples to reevaluate the security of their marriage. When couples have a lot of animosity between them, they act impulsively and in anger, and can do things that they may later regret. This is why divorces turn ugly so often. For a couple who recognizes the signs of a marriage going downhill and worry about things getting back on track, setting up a postnup to protect against negative decisions made in anger is a smart decision. 

Business Owners

For a spouse or spouses who start a business after they become married, setting up a postnuptial agreement can protect both parties in the case of dissolution of the marriage. A postnup can also protect parties who owned a business prior to getting married. A postnup can protect spouses from debts acquired from a failing business. It can also protect future earnings from being equally distributed between both spouses when one spouse does all the work and solely owns the business. 

Inheritance

If one spouse acquires a large inheritance and wants to protect this amount in the case of a divorce, a postnup is a smart decision. It can also protect the inheritance if the spouse invests it into a family business or personal business. 

Children & Property Prior to Marriage

If one spouse owns property pre-marriage or has children from a previous marriage that they need to provide for, a postnuptial can protect against an ugly divorce and can maintain one’s assets and real estate. 

Debts

If a spouse enters into a marriage with a lot of debt, or if they acquire debt post-marriage, one spouse may want to set up a postnup to protect themselves from being held responsible for a debt they had nothing to do with. 
Postnups can be incredibly effective when protecting oneself from an ugly divorce, or from the community property law in California. If you and your spouse are interested in setting up a postnuptial agreement, get in touch with one of our experienced attorneys. Couples seeking a postnup can use the same legal counsel as opposed to a prenup where separate counsel for each party is required. Set up a free 30-minute consultation here to begin setting up your postnuptial today. 

How To Get A Child Support Modification During The Pandemic?

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Nobody wants to admit that they are unable to make their child support payments to help provide financial support for their family. Unfortunately, circumstances happen that can make adhering to the payment schedule no longer feasible. With the pandemic dismantling people’s livelihood, many parents are finding that it is necessary to go through the child support modification process.

What Are The Requirements?

There are two methods of changing your child support order. If the other guardian is not willing to accept your proposed modification, then you must prove that there has been a significant “change in circumstances” since your last payment. Change in circumstances encompass the following scenarios in which one or both parents has experienced:

  • A job loss
  • A change in income
  • The birth of a child from another relationship
  • The event of becoming incapacitated or incarcerated
  • A significant change in the amount of time that they routinely spend with the child in custody
  • The costs of raising the child have increased significantly
  • Or there has been a significant change in other factors related to raising the child

Sometimes both parents can come to an agreement on child support payments. Typically, this is the result of a significant life change listed above. However, it allows the modification requester to bypass the legal process of having to prove that a change in circumstance occurred. In this scenario, both parties can sign a written agreement detailing the child support modification. Then, the parents may present the agreement to a judge, and the judge can approve and legally alter the child support arrangement.

What Are Common Misconceptions About the Child Support Modification Process?

It is important to note that a nonverbal agreement between parents does not make a legal change to the child support agreement. The child support agreement may only be changed by a judge, which means that you must go through the necessary legal process in order to modify payments.

Some people may believe that modifying their child support in the event of a job loss is unnecessary if they are actively searching for employment. With such a delicate financial situation, however, it is highly advised to be proactive with managing your payments so that you may reasonably meet them without financial strain.

What Should I Do If I Can’t Afford Child Support?

If you have experienced a life-altering change in your financial situation, then it is important to be proactive in modifying your child support so that you do not become indebted to the other parent. If you have a positive relationship with the child’s other guardian, then it might be best to have a conversation with them about signing a modification agreement and presenting that to a judge to get it approved.

Many parents, however, might find it in their best interests to go through this process with the help of a qualified family law attorney. If you are living in the Bay Area and would like advice on how you can modify your child support, then contact our offices at LPEP to schedule a free, 30-minute consultation. LPEP is one of the most reputable family law firms in the Bay Area and has the resources to help you fight for your parental rights.

How The Pandemic Is Increasing The Rate of Domestic Abuse

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Domestic violence (DV) and intimate partner violence (IPV) are deeply ingrained issues in our society that affect millions of people every year. On average, there are 20,000+ calls to domestic abuse helplines nationwide on a daily basis*. Adults aren’t the only victims of these assaults. 1 in 15 children is exposed to intimate partner violence annually**. 

With the pandemic in full swing, and mandatory quarantines going into effect in 2020 and now 2021, experts have seen a rise in domestic abuse and IPV. In March, when the first stay-at-home orders were put into place, victims of IPV and DV were forced to stay at home with their abusers. While we’ve all been facing our own struggles these past 10 months, victims of abuse have been living in a state of perpetual fear and unsafety. Not only have they been facing the stress of potentially catching a fatal virus, but they have also been dealing with daily abuse from partners, family members, or other close relationships that they share a home with. 

What is Considered Domestic Abuse?

Domestic abuse and IPV, while similar, are two different things. Intimate partner violence is violence at the hands of a romantic partner/ significant other. Domestic violence has a broader definition. DV can be at the hands of anyone in the household – family members, partners, friends, even children. 

A domestic abuse victim leans her head against her fisted hands in worry

Domestic abuse can take many forms. It can be physical, mental, emotional, or sexual. It can include sexual assault, stalking, threats, verbal abuse, physical violence, and more. 

How is the Pandemic Worsening Domestic Abuse?

Domestic abuse affects communities for a myriad of reasons. It commonly affects lower-income communities the most. Lower-income communities experience more everyday stressors than those who have financial security, especially during the pandemic.

Many low-income parents are essential workers. They are exposed to the virus at a higher rate due to their jobs, and being essential means that they can’t be home to care for their children who are now out of school due to Covid-19. Lack of childcare and financial instability can add tension to an already overwhelmed household.

In many cases, victims of IVP depend on their abuser for income and living arrangements. Abusers often make it difficult for their partners to hold a job or have any independent source of income. This is so they can keep their partner dependent and thus trapped in the abusive situation. It is a power play. For victims who are not allowed to have a job, and thus are stuck at home all day caring for the house and children, they are also vulnerable to more frequent attacks from a partner and violence becomes more frequent. Because they do not have their own income, they are unable to afford to leave the dangerous situation. 

At home, learning is stressful for parents and children alike. Now that kids are forced to get an education from home, discrepancies in opportunities have become more visible. Many lower-income families do not have a stable internet connection and many don’t have internet at all. It’s not uncommon for lower-income families to not even own a computer for their children to use. With public libraries closed and schools closed, this creates a disadvantage for those children.

The stressors from lack of childcare and the difficulty of virtual & remote education have led to an increase in domestic child abuse. 

How To Get Help

If you or a loved one is trapped in a home where domestic abuse is occurring, you need to reach out to local shelters and helplines. Setting up a safety plan during quarantine is key for escaping the dangers of your home situation. It’s hard to take steps towards leaving abusive partners because we often love them very much. But abuse is never acceptable no matter how much you love your abuser and no one ever deserves to be abused no matter what your abuser tells you.

If you live in San Jose or Santa Clara and want to take legal action, set up a free consultation with our domestic violence attorneys. We are discreet and compassionate. Our attorneys can help you set up a restraining order or can help you gain custody of your children if they are experiencing violence from someone in your household. You can contact us here to set up a consultation or to learn more about domestic abuse, read this.

What’s the Difference Between An Annulment And A Divorce?

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Relationships are complicated, which explains why so many people are afraid of marriage. It’s a big decision and it can be difficult if one party decides they want out of the marriage. If you did enter into a marriage, and you or your partner have realized you want out, you have options. There’s divorce, annulment, and in some cases, legal separation. But what’s the difference between an annulment and a divorce? How do you know which is right for you and your spouse? 

What’s An Annulment?

Many people recognize the term annulment from silly sitcoms about last-minute Las Vegas weddings that the co-stars don’t remember the next morning. In reality, annulments are a very useful, very valid tool that serves a much more serious purpose. An annulment doesn’t just end a marriage, it completely nullifies it. If you get an annulment, it cancels a marriage out and acts as though the marriage never happened or existed. It allows for both parties to remarry post annulment. It’s a clean slate. 

Not everyone can get an annulment, however. There are rules that dictate which couples are eligible. For example, if one spouse lies or withholds information from their spouse upon marriage, the other spouse can file for an annulment based on misrepresentation. Some other reasons for an annulment include:

  • If one party was presently married to another at the time of the wedding. This is also known as bigamy.
  • If one or both spouses were underage at the time of the marriage.
  • If one spouse was forced or coerced into the marriage.
  • If the spouse(s) were mentally ill or unwell at the time of the marriage. 
  • If one or both parties were on drugs or alcohol, thus impairing their judgment, at the time of the wedding. 
  • If the relationship between the parties is incestuous and therefore illegal by law.
  • Impotency in a spouse or inability to perform sexually can also result in an annulment. 

You can get help understanding these rules and stipulations by hiring an experienced annulment attorney. It can be hard to navigate an annulment on your own, so, having an expert can be beneficial. 

What’s A Divorce?

A divorce is a legal dissolution of a marriage. It goes a step further than legal separation and has stricter requirements. In California, parties must have lived in the state for at least 6 months before they can get a divorce. Couples can choose legal separation over divorce. 

A person returns a ring to their ex spouse after learning what's the difference between an annulment and a divorce

Like an annulment, ex-spouses can remarry after a divorce. However, unlike an annulment, the divorce isn’t wiped from the record. A divorce means the marriage still existed and you must go through the procedures of dividing up property and assets and determining alimony and child support payments. California is a no-fault divorce state, which means that neither spouse is blamed for the end of the marriage. This usually follows with assets being divided 50/50. Spouses may need to obtain legal representation to help ensure the assets are divided equitably rather than equally. 

If you have questions about whether or not you are eligible for an annulment or a divorce, or are still curious what’s the difference between an annulment and a divorce, contact an experienced annulment attorney. Lonich Patton Ehrlich Policastri has over 100 collective years of experience in family law. Set up a free 30-minute consultation here to find out if you and your spouse are eligible for an annulment.

How is Property Divided in a Divorce?

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Going through a divorce is devastating, and the headache of trying to understand the intricacies of divorce law and how it applies to your specific circumstances can be a nightmare. If you find yourself wondering, “How is property divided in a divorce?” then you are not alone.

The first piece of advice for people facing a divorce settlement is to research your specific state law or reach out to an asset division lawyer who can help you understand how family law property division is settled in your state.

How is Property Divided in a Divorce in California

The state of California practices the principle of “community property” during divorce proceedings. This means that all property accumulated by the spouses during the marriage is considered community property, and thus must be divided relatively equally between the spouses. 

While some spouses are able to negotiate the division of property without the help of an asset division lawyer, property divisions are not considered legal without the approval of a judge who needs to validate the legality of the final separation agreement.

Unfortunately, divorce can bring forth hostility even after previously happy marriages. Often couples find that they cannot agree on how to separate their assets, and require the help of lawyers who specialize in family law property division. Both sides will present their case, and a judge will determine a division of property that is fair and relatively equitable. Cases in which the spouses have children together, tend to further complicate the divorce as determining a child custody arrangement can be a contentious issue.

Joint Property Versus Separate Property

During divorce litigation, a judge will need to determine which assets are joint property (community property) and which property is considered separate. Separate property includes:

  • Property that either spouse possessed before the marriage
  • Inheritances or gifts that either spouse was granted both prior to or during the marriage
  • Possessions that were acquired after the sale of personal property as mentioned above
  • Interest, dividends, or earnings on separate property
  • Property that was acquired by either spouse during the period between the official separation of the spouses and their finalized divorce

Shared property may become joint property if both spouses share payments on the property, as in a house, or if both spouses contribute to the worth of a property, as in a bank account. Nuances like these make an asset division lawyer highly recommended in high-asset divorce proceedings.

After asking how is property divided in a divorce, a couple signs corresponding documents that will divide their property.

Determining the Value of Property

Once the shared and joint property are differentiated, the division property process begins. Joint property is not always physically split down the middle but is often awarded as whole parts. For example, while one spouse may be able to keep the more expensive car, the other may be granted the higher checking account or an equalization payment. 

Debt Ownership

Community debt is a complex issue beyond the sample of this blog, however, it is highly advised to assign debts to one spouse instead of sharing the ownership of the debt. This is to prevent one person’s credit from being negatively affected if the other is unable to make payments. Divorce litigators often offset an imbalance of property division by granting the debt ownership to the spouse who was granted more personal property. While one spouse may receive the higher checking account that same spouse may also have to assume the sole responsibility of paying off the credit card debt.

Family Law Property Division in San Jose


If you are facing a contentious divorce, it is vital to invest in an asset division lawyer to help you protect your personal property and ensure that you are not being taken advantage of. LPEP is a reputable high-asset family law firm that specializes in representing high-net-worth individuals. Schedule a 30-minute consultation today so that you may understand how we can help you. To learn more about property division, read this.

What Is A Board Certified Family Law Specialist?

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Family law litigation is one of the most emotional, stressful, and challenging litigation to experience. When fighting for the rights of your family, it is important to hire a certified family law specialist. While other non-specialized lawyers could represent you, they do not have the special training, experience, and qualifications to give you the best representation.

What Does It Take to Become a Certified Family Law Specialist?

In order to become a certified family law specialist, lawyers must pass an additional examination when taking the bar. Additionally, they must provide references and demonstrate experience in the field after passing the exam. The specialization qualification is not permanent, meaning that lawyers need to complete additional training every three years. 

Only specialists have the experience and training to understand the specific nuances of family law practice that is pivotal in family law litigation. While many lawyers may practice family law, not all of the lawyers who practice have the proper family law specialist certification. When selecting your lawyer, it is essential to pay attention to this differentiating factor as it could significantly affect the outcome of your case.

What Does a Certified Family Law Specialist Specialize In?

Family law lawyers who are certified family law specialists are reputable lawyers who focus on providing services for the broad category of family law litigation. Practice areas include cases involving:

  • State guardianship
  • Child custody
  • Visitation
  • Divorce
  • Annulment
  • Domestic violence
  • Alimony
  • Child support payments
  • Adoption
  • State child protection

As cases involving children and divorce can be highly emotional and contentious, it is all the more recommended to hire family law attorneys who have specialized certification. This certification guarantees that they have the experience and references to provide strong representation. Additionally, it implies that the lawyers will have the experience to treat sensitive matters with the care and respect that the family law litigation deserves.

A parent holds a toddler up on the beach as they plan to discuss custody with a certified family law specialist

How LPEP Can Help You

The Family Law Group at Lonich Patton Ehrlich Policastri boasts a team of reputable Certified Family Law Specialists. The powerful combination represents some of the best talents in the Bay Area and is known for providing first-rate representation in complex family law litigation.

In addition to providing strong family law litigation, our team also encompasses experienced attorneys in estate law. The crossover between family and estate law is common with high-asset and complex family law cases, and it is important to have lawyers experienced in both fields. This makes our team more dynamic, more passionate, and more dedicated to protecting your rights. 

We also have close partnerships with accountants, business evaluators, mental health professionals, and real estate appraisers. Our breadth of knowledge and access to outside resources gives us leverage over smaller firms. We use this leverage to put forth the strongest family law litigation in San Jose. 

LPEP is a reputable law firm with a team of dedicated certified family law specialists and family law lawyers. We focus on providing litigation to complex family law litigation and are especially experienced with cases involving business owners, foreign nationals, and cases with high-assets. 

At LPEP, we understand that complex cases are often highly more contentious and require the best representation. We are one of the largest family law firms in San Jose, which means that we have ample resources to provide you with the strongest litigation. Set up a free 30-minute consultation with a board certified family law specialist at our firm today.

What’s A Domestic Partnership?

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The law surrounding a domestic partnership varies from state to state. Understanding the terms surrounding it in your state requires some specific research on your part. Our partners at Lonich Patton Ehrlich Policastri have put together a brief guide explaining what’s a domestic partnership, and the laws about it in California. 

What’s A Domestic Partnership?

To understand a domestic partnership, you need to know about its history. The first registry was enacted in 1999 in California. While a partnership can be used by opposite-sex partners, it was originally meant as an option for same-sex couples who legally could not get married. Because of this, a partnership offers certain benefits that marriage offers and recognizes couples who share a domestic life together. What qualifies as a domestic partnership depends on the state in which you reside. California’s family code defines a domestic partnership as being between “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.” (1).

There are certain requirements that must be met in order to file for a partnership, also known as a civil union in some states. For a domestic partnership California requires:

  • Both parties must be legally single – neither party can be married to someone else or be in another domestic partnership. Any prior marriage or partnership must be dissolved or terminated. 
  • The parties cannot be blood-related.
  • Both parties must be 18 years or older – there is an exception to this rule. If both parties are under 18, they can obtain a court order which allows them to enter into a partnership. This also requires the consent of the legal guardians of the two minors. 
  • Unequivocal consent between both parties entering into the civil union – both parties have to be of sound mind and judgment to consent to the partnership. 

At a certain period in time, a couple had to be over the age of 62, but a new law in 2019 granted the opportunity to all couples to have that opportunity now, including those under 18 if they acquire permission from guardians and the court. 

How To File For A Partnership In California

Two partners ask an attorney what's a domestic partnership as they hold hands

While you can file on your own, it can be very beneficial to file with the help of a domestic partnership California attorney. They can walk you through the paperwork and help you fill out any information that is needed to successfully file. In California, you and your partner must fill out Form DP-1 to be approved for a partnership. The form must be signed by you and your partner, notarized and a fee must be paid to the Secretary of State in California. 

Our experienced family law attorneys at Lonich Patton Ehrlich Policastry can work with you to help you file for a domestic partnership. Alternatively, if you are looking to dissolve a partnership, our attorneys can make the process as painless as possible. Get the help you need. We serve San Jose and the surrounding Bay area. We offer free virtual 30 minute consultations so that you can take the next steps towards filing or dissolving a partnership. Set up your consultation here.  Learn more about domestic partnerships here.

How Far Can A Parent Move With Joint Custody

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When you share joint custody with your ex, the idea of a big life change such as moving can be scary. The results can be uncertain and what will happen is at the discretion of a judge. If you are the parent of a child and want to move away or if your ex wants to relocate and move the child with them, what’s next? How far you can move with your child is determined by many factors. 

Joint Custody & Parental Relocation

If you are planning to relocate with your child, you should know about the process you’ll need to go through to legally relocate. There are steps that you must go through to get approved for relocating your child in the case of joint custody. The main takeaway is that the judge must find the move in the best interest of your child(ren). 

When a joint custody order is already in place, parental relocation is considered a modification by the court. This means that it is a requested change to the existing order. In California, a move-away modification is necessary if a parent plans to move 50+ miles away from their local residence, although, in large, unclear areas, this can be less.

The current parental schedule will be considered when approving or disapproving the modification. The modification can be filed by the parent looking for permission to relocate, or by the remaining parent who wishes to update the custody agreement so that they don’t lose time with their child(ren). When parents share joint custody, the court has a lot more to consider in determining if the move-away can happen.  The courts must decide that the move is not harmful to the child in any way in order to approve it. 

Two parent who share join custody sit angrily with their back to each other as a child frowns in between them

Many things matter when it comes to whether your child will be allowed to relocate with you, and how far you can relocate:

  • The accessibility of the move – this has to do with distance and expenses related to visitation by the other parent if the move is approved. 
  • The current visitation schedule – This will take into account how much time the child spends living with each parent and the effect this time has on the child(ren).
  • The child’s relationship with each parent – The child’s feelings matter when approving a move-away order, but the judge will also determine what is in their best interest. They will also consider the age and needs of the child.
  • The support network – This considers the family and friends, and support system living nearby the child. Will there be a larger network for the child in the proposed residence or are they being taken away from a current community?
  • The reason behind the move – Was one parent offered a job? Are they remarrying? Or are they seeking to separate one parent from their child?
  • The relationship between the parents – The judge wants the parent who is the most reliable when it comes to maintaining and encouraging continual communication and contact between the child and their other parent. 

You can work with a lawyer to file for a modification to your joint custody agreement. The distance you can move can only be determined by a judge. They can help you gather documents and evidence to support that the move is in the best interest of the child. They can also work with your ex to try and come to an agreement to the custody order that you both are satisfied with, which you can then take to court for approval.

If you live in San Jose, Santa Clara, or the surrounding communities, contact Lonich Patton Ehrlich Policastri for a free consultation. Our experienced attorneys offer complimentary 30-minute virtual consultations to clients. Set yours up here.

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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

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

DISCLAIMER

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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