Why Is It Important to Have a Family Lawyer?

April 23, 2025/in Family Law /by Virginia Lively

Family matters can be complex, emotional, and legally challenging. Whether you’re going through a divorce, dealing with child custody issues, or planning your estate, having a family lawyer can make a significant difference. A knowledgeable legal professional ensures your rights are protected and helps you navigate difficult situations with clarity and confidence.

Why You Need a Family Lawyer

A family lawyer specializes in legal issues related to family relationships. They handle cases such as divorce, child custody, alimony, adoption, and estate planning. Their expertise ensures that you understand your rights and responsibilities while providing legal strategies tailored to your situation.

1. Legal Expertise in Family Matters

Family law is a specialized field that involves various legal procedures and regulations. A family lawyer:

Provides accurate legal advice based on your specific case.
Ensures that all paperwork is filed correctly and on time.
Represents you in court or negotiations to secure the best outcome.

Without legal guidance, you might make mistakes that could impact your future and that of your loved ones.

2. Family Lawyers for Divorce and Separation

Divorce can be emotionally draining and legally complicated. A family lawyer can:

Help with fair division of assets and debts.
Negotiate child custody and visitation rights.
Ensure proper spousal and child support arrangements.

Having legal representation ensures that your rights and interests are protected during this life-changing process.

3. Child Custody and Support

When children are involved, custody and support become critical issues. A family lawyer will:

Advocate for the best interests of the child.
Ensure fair child support agreements are in place.
Mediate and negotiate custody disputes to avoid prolonged court battles.

Their expertise can help minimize conflict and create a stable environment for your child.

4. Adoption and Guardianship with Family Lawyers

Adopting a child is a joyful occasion but involves many legal procedures. A family lawyer can:

Guide you through adoption laws and requirements.
Help with home studies and background checks.
Ensure all paperwork is properly filed and processed.

Similarly, in cases where guardianship is needed, a lawyer ensures that the process is legally sound and beneficial for the child.

5. Estate Planning and Wills

Planning for the future is essential to protect your family. A family lawyer can assist with:

Drafting wills and trusts to ensure your assets are distributed as you wish.
Establishing power of attorney in case you become incapacitated.
Avoiding legal disputes over your estate after your passing.

Proper estate planning prevents confusion and potential conflicts among family members.

6. Domestic Violence and Protection Orders

If you’re facing domestic violence, a family lawyer can help by:

Obtaining restraining orders to protect you and your children.
Representing you in court hearings for safety measures.
Providing legal options to secure your rights and well-being.

Having legal support is crucial in these difficult situations.

Set Up Your Family Law Consultation Today With LPEP

The Family Law team at Lonich Patton Ehrlich Policastri is among the most established family law practices in the Bay Area. Whether you are facing a divorce, custody battle, adoption, or estate planning, having a trusted legal professional by your side ensures that you navigate these challenges with the best possible outcome.

Contact LPEP today to set up your free family law consultation.

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

How Can an Order of Protection be Reversed in California?

April 9, 2025/in Family Law /by Mitchell Ehrlich

Protective orders can be requested by a police officer (Emergency Protective Order), a judge (Criminal Protective Order), a victim of domestic abuse, stalking, harassment, etc. (restraining order), or in some cases of divorce to protect assets (Automatic Temporary Restraining Order). If you have an order of protection against you in the state of California, you have the option to request modifications or dissolution to that order if you so choose. Usually, you will need to present evidence in court to support your request. The following guide outlines the steps you need to take.

File a Request to Modify or Dissolve

If you want to change any of the terms of an existing order of protection (e.g., modifying parental visitation rights) or if you want the court to dissolve or dismiss the order completely, you would file a request with the court. Once you have filed your request, the court will schedule a hearing to provide you the opportunity to present evidence to support your request.

Provide Supporting Evidence

As with any other court case, you will need to gather and provide evidence supporting the need for a modification or dismissal of your order of protection. Witness statements, financial documents, texts, emails, doctor’s notes, etc. can all be used to show that circumstances have changed and the relationship has improved to the point where protection is no longer needed.

Attend the Hearing

It is very important to attend the hearing and provide your evidence to the judge in person. Both sides involved in the order of protection should be present. Based on the evidence, the judge will:

Modify the terms of the order as requested
Dismiss the order, which effectively reverses, dissolves, or lifts it, or
Deny the request, if the court finds that the order is still necessary for safety or other reasons

If your request is denied, you may choose to appeal the decision, however, the appeals process can be complicated, time-consuming, and expensive.

Other Considerations

The family court will always prioritize the safety of the protected party when considering a request to modify or reverse an order of protection. Orders of protection only remain valid for a set amount of time (as little as a few weeks to as much as five years), but the protected party can request that the order of protection be extended as necessary. On the other hand, in some cases, the court might agree to end or modify the order earlier than the stated time frame, if the evidence supports it.

Consult With Family Law Experts for Help

Family law can be complicated, but you don’t have to do it alone. If you are considering requesting a change to, or reversal of, a current order or protection, get a free consultation from the family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law). We have decades of experience helping our clients navigate the California family law court system, including working with restraining orders of all kinds. Let us help protect your rights.

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

Child Custody and Relocation: Navigating the Legal Landscape

March 26, 2025/in Family Law /by Gretchen Boger

People move for many reasons – a new job, getting married or remarried, to be closer to family, access to better education or employment opportunities, wanting a change of scenery or climate, etc. If you’re planning to move but have a child custody agreement in place, however, you will need to consider some additional steps to protect both your child’s best interests and your custodial or visitation rights. Although the laws governing child custody and relocation vary, especially when it comes to international relocations, thinking about the guidelines outlined below is a good place to start.

Understanding Child Custody Agreements

Child custody agreements generally provide guidance about where the child will live (physical custody) and who has the legal right to make important decisions about education, religion, healthcare, and more (legal custody). Custody can be shared between the parents (joint custody) or granted to only one parent (sole custody).

Family courts will always prioritize the child’s well-being when making custody decisions, and will usually seek out custody arrangements and visitation schedules that allow the child to maintain a relationship with both parents, unless one is unfit.

The Impact of Relocation on Custody

When one parent wants or needs to relocate, issues can arise if the new location is far enough away to complicate the existing custody arrangement and visitation schedule or interfere with the non-custodial parent’s ability to maintain a meaningful relationship with the child. The relocating parent can choose to work towards an agreement with the co-parent, pursue the case in court, or seek mediation.

Parental Agreement

If both parents agree to the relocation, they can work together on a revised custody agreement. However, the new agreement should be detailed, in writing, and signed by both parties to avoid future disputes. Some practical tips for working with your co-parent are to communicate early, to have a new, proposed custody agreement and visitation schedule already in mind, to be transparent, and to document everything in case you do need to pursue the case in court or mediation.

Court Approval

If one parent does not agree to the relocation, the other parent can seek to gain court approval by pursuing a relocation or move-away case. Family courts take several things into consideration when deciding on relocation cases, including:

The child’s best interests
Reasons for relocation
Impact on non-relocating parent
Child’s preferences (for older children)
Current parenting plans, custody agreements, etc.

Mediation

For parents who cannot reach an agreement but do not wish to pursue the case in court, mediation services can sometimes help resolve relocation disputes. A neutral, third-party mediator can facilitate dialogue and compromise, allowing the parents to reach a new custody arrangement and a visitation schedule that works for everyone.

Get Legal Support from Family Law Experts

Any time the wellbeing of your children is involved, the stakes are high. If you need to relocate and want to take your children with you or are concerned about the impact your move will have on your visitation rights, or if your co-parent is planning to relocate with your children, consulting with family law experts can help you understand and protect your rights. Lonich Patton Ehrlich Policastri’s attorneys have extensive experience working with clients dealing with parental relocation issues. Get started with a free consultation to find out how we can help you today!

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

Gray Divorce: Navigating Divorce Later in Life

March 12, 2025/in Family Law /by Gina Policastri

You are not the same person you were 40, 30, 20, or even 10 years ago. Traveling to new places, meeting new people, and enjoying new experiences continue to change the person you are. Hopefully, that will continue throughout your life. Some couples change and grow together, navigating new interests and finding activities they both enjoy. They enter their golden years, excited for new adventures. Their children are grown and out of the house, and these couples are experiencing the freedom they had put on hold for so many years.

For other couples, they discover something altogether different. During those years of growth and change, their paths diverged. Now that they’re empty-nesters, their life together just feels empty. These couples understand that it may be time to part ways and start to experience life on their own terms.

The second scenario is becoming increasingly common. So much so that it even has a name: gray divorce.

Why is Gray Divorce Trending Upwards?

You only need to look at the non-fiction bestseller list on any given week to see there is an increasing emphasis on prioritizing personal happiness. That concept has broad cultural implications. We’ve seen couples married for decades that we were sure would last “until death do us part.” They are now reevaluating their choice to stay in a marriage that doesn’t provide them with happiness and satisfaction. But what else has changed?

One significant factor is longer life expectancies. Advancements in healthcare mean that the 50 and beyond group are living longer, healthier lives. Vibrant seniors are entering a new phase in their lives, with decades still ahead. They want those remaining years to represent a fresh start, which means ending an unfulfilling marriage.

Society has become more accepting of divorce over the last few decades. Baby boomers, who have been shaking up societal norms since their births, are leading the way with the gray divorce trend.

Gray Divorce’s Challenges

Older couples navigating the decision to part ways are discovering that gray divorces come with their own set of challenges. After decades of marriage, couples have accumulated significant assets, such as their primary residence, a second property, investments, and multiple bank accounts. Their most substantial asset is likely a 401(k) that has had years to grow.

According to California’s community property laws, the couple’s assets must be divided 50/50. This includes the 401(k), even if only one spouse was making contributions.

Another consideration is how California will determine spousal support. Many women have entered the workforce and built successful careers. Still, there are plenty of families where one parent stays home to raise the children while the other works outside the home. Spousal support may be substantial and permanent in gray divorces, where the couple was married for several years, with one parent out of the workforce.

Beyond the Financial Aspect of Gray Divorces

Divorcing after many years together could cause emotional turmoil, especially if one spouse doesn’t want the marriage to end. Identities become intertwined, and it can be challenging to unravel them. This situation can lead to loneliness and depression as one party faces the challenge of navigating a new reality.

Navigating a Gray Divorce Requires Special Care

Divorcing is hard, no matter how long you’ve been married. Still, gray divorces bring their own unique circumstances. They require a caring and compassionate attorney like ours at Lonich Patton Ehrlich Policastri. We have years of family law experience and are ready to help guide you through this challenging situation. We will ensure that your rights are protected and that you receive everything you are entitled to after your decades of marriage.

Contact us for a free consultation by calling (408) 553-0801 and start preparing for your second act.

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

Will Child Custody Be in Favor of the Mother?

February 26, 2025/in Family Law /by Virginia Lively

When parents separate or divorce, one of the most significant concerns is child custody. A common question arises: Will the courts favor the mother in deciding custody arrangements? While many believe that mothers automatically have an advantage, the reality is more nuanced. Let’s explore how custody decisions are made and whether the belief about mothers being favored holds true.

How Courts Decide Child Custody

Family courts prioritize the best interests of the child above all else. This principle means that decisions are made based on what will provide the child with the most stable, loving, and supportive environment. Key factors include:

The child’s age, health, and emotional needs
Each parent’s ability to provide for the child (e.g., financially, emotionally, and physically)
The child’s current routine and stability
The child’s relationship with each parent
Any history of abuse or neglect

Courts also consider the child’s preference, depending on their age and maturity. There is no automatic assumption that one parent, such as the mother, is inherently better suited to have custody.

Does the Mother Have an Advantage in Custody Cases?

Historically, courts often awarded custody to mothers, especially for young children, under the “tender years doctrine.” This outdated belief assumed that young children needed their mothers for proper care.

Today, most courts have moved away from this presumption. Instead, they strive for gender-neutral custody decisions, meaning both parents have an equal chance to obtain custody based on their ability to meet the child’s needs.

That said, in some cases, mothers may still seem to have an advantage. For example:

Primary Caregiver Role

If the mother has been the primary caregiver—managing day-to-day tasks like meals, school activities, and bedtime routines—courts might view her as the more stable choice for custody.

Societal Expectations

Even though courts are more neutral today, societal expectations sometimes influence how custody arrangements are perceived. Mothers may still be seen as more nurturing, but this bias is decreasing.

Children’s Preferences

If children express a preference to live with their mother and can explain their reasons, courts often take this into account.

Can Fathers Get Custody?

Absolutely. Many fathers successfully gain custody, especially when they can demonstrate their involvement in the child’s life. Courts are increasingly recognizing the importance of fathers and the benefits of having both parents actively involved.

Fathers who are equally involved as caregivers and can show a strong emotional bond with their children have a solid chance of securing custody, either jointly or fully.

Joint Custody: A Common Outcome

In most cases, courts prefer joint custody arrangements where both parents share decision-making and parenting time. This approach allows children to maintain strong relationships with both parents.

Contact LPEP to Discuss Your Child Custody Case

While mothers historically had an advantage in custody battles, today’s courts emphasize fairness and the child’s best interests. Both parents are evaluated equally, based on their ability to provide a stable and supportive environment.

If you’re navigating a custody case, don’t hesitate to reach out to Lonich Patton Ehrlich Policastri. We understand how important family is, and we’ll do everything we can to help you see your children as often as you deserve.

Contact us today to set up your free consultation.

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

Understanding Guardianship and Securing the Future for Your Loved Ones

February 12, 2025/in Family Law /by Mitchell Ehrlich

Although it can be difficult to think about, there might come a time when you are unable to care for your loved ones. It’s important to have a plan in place to make sure that you can continue to provide for their needs and give them a stable future. One helpful legal tool to consider is guardianship. Below, you’ll find information about guardianship, including the role of a guardian and the types of guardianship.

What is Guardianship?

Legally, a guardianship is a relationship where a court appoints an individual (known as the guardian) to be responsible for the well-being of someone who cannot care for, or make important decisions for, themselves (known as the ward).

What is the Role of a Guardian?

In a guardianship, the guardian is legally responsible to make decisions on behalf of the ward to ensure their well-being and appropriate care. Most often, the scope of decision-making includes:

Healthcare – Making sure that all necessary medical treatment is given to meet the ward’s needs
Finances – Managing money, bills, investments, etc. and using funds appropriately to care for the ward
Living arrangements – Determining the best living environment for the ward and arranging for their physical care
Education – When the ward is a minor, making decisions about schools and extracurricular activities, as well as ensuring the ward has clothing, school supplies, transportation to school, etc.

Types of Guardianship

Guardianship typically falls into two categories: for minors and for adults.

Guardianship of a Minor

In the eyes of the law, children under the age of 18 (or, minors) do not have the appropriate life experience to make important decisions for themselves. If a parent becomes unable to care for their minor-aged child, the court will appoint a guardian to take over the parental role.

Guardianship of an Adult

For adults who are incapacitated, whether due to disability, mental health issues, illness, or age, a court will first evaluate whether the person is able to make decisions for themselves or not. If the court deems a guardianship is in the best interests of the individual, they will appoint one, usually with input from family members and health professionals.

Securing Your Family’s Future

Although your loved ones might not need a guardian yet, it’s important to have a specific and detailed plan in place, especially if you have minor children or a special needs child. You don’t want to leave it up to the courts to decide. Instead, you can include instructions in your estate planning.

First, choose a guardian who is trustworthy, responsible, in good health, and able to make important decisions on your loved ones’ behalf. Often, guardians are close relatives or trusted family friends.

Next, consult with legal professionals who are experts in family law and estate planning. They can guide you through the estate planning process and help you put appropriate plans in place that will stand up in court and make the process smoother for your family.

The attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) offer a full range of legal services in these areas, including wills and trusts (i.e., living, special needs, life insurance, dynasty, etc.). Call LPEP Law at 408-553-0801 to schedule your free, 30-minute consultation to discuss your family’s needs and start protecting your family’s future today.

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

The Role of a Guardian ad Litem in Family Law Cases

January 24, 2025/in Family Law /by Gretchen Boger

Family law cases can be emotionally charged and complex, particularly when they involve children. In some situations, the court appoints a Guardian ad Litem (GAL) to ensure that the child’s best interests are represented. But what exactly does this role entail? Let’s explore.

What Is a Guardian ad Litem in Family Law?

A Guardian ad Litem (GAL) is a court-appointed advocate dedicated to representing a child’s best interests during legal proceedings. Unlike a traditional guardian, a GAL does not assume custody of the child but instead serves as an independent voice in court, focusing on what outcomes will most benefit the child.

When is a Guardian ad Litem assigned to family law cases?

A Guardian ad Litem is usually appointed in family law cases involving specific concerns or disputes:

Child custody disputes: When parents disagree on living arrangements or visitation schedules.
Allegations of abuse or neglect: To assess the child’s safety and well-being.
Adoption cases: To ensure the adoption serves the child’s interests.

The court may also appoint a GAL in other cases where the child’s welfare is a significant concern.

Responsibilities of a Guardian ad Litem in Family Law

Investigating the Child’s Situation

A GAL conducts a thorough investigation by:

Interviewing the child, parents, and other family members.
Speaking with teachers, doctors, and therapists.
Reviewing relevant documents, such as school records and medical reports.

Reporting Findings to the Court

After gathering information, the GAL prepares a detailed report outlining their recommendations. This report can influence the court’s decisions on custody, visitation, or other arrangements affecting the child.

Advocating for the Child’s Best Interests

During hearings or mediation, the GAL speaks on behalf of the child, ensuring their needs and well-being remain the priority.

How Does a Guardian ad Litem Help?

A GAL provides an unbiased perspective in family law cases. They help the court navigate the emotional and legal complexities of disputes by focusing on facts and evidence. Their involvement can:

Reduce conflict: Their recommendations may help parents reach an agreement.
Protect the child: In cases of abuse or neglect, the GAL ensures the child’s safety is addressed.
Streamline the process: By providing clear insights, the GAL aids the court in making informed decisions efficiently.

What to Expect as a Parent

If a GAL is appointed in your case, it’s important to:

Be honest and cooperative during interviews.
Provide access to relevant documents or professionals.
Understand that the GAL is not taking sides but is focused on the child’s needs.

Call LPEP to Discuss Your Family Law Case

The role of a Guardian ad Litem is critical in family law cases involving children. They provide an independent voice to ensure decisions are made in the child’s best interests. While their presence may feel intimidating, understanding their purpose can help parents navigate the process more confidently.

We know that child custody and other family law cases can be difficult to navigate, which is why the team at LPEP is always here for you. Our experienced family law attorneys will guide you through the process, providing all the support you need and doing whatever we can to ensure the best outcome for your family.

Schedule a free consultation today to discover how LPEP can support you.

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

Considering Adoption? Key Legal Insights for Your Family

January 9, 2025/in Family Law /by Gina Policastri

Adopting a child comes with many emotions. The adoptive parents feel the excitement and joy that accompanies the arrival of a new family member. With those feelings of happiness, adoptive parents may also experience anxiety and uncertainty. In addition to the emotional components that are a part of the adoption process, there are multiple laws and regulations that contribute to the anxiety.

However, knowledge is the best defense against uncertainty. Having a basic understanding of some key legalities can help you prepare you for your adoption journey.

Age Requirements

California doesn’t have a specific age requirement for adoptive parents. It only requires that they are legal adults, and there is at least a ten-year age gap between the parents and child. The exceptions to this law are adoptions by siblings, stepparents, or another close relative.

If the child is twelve or older, they must give their consent to being adopted.

A Secure and Stable Home

California doesn’t have strict requirements regarding marital status, income, or home ownership. Single individuals and same-sex couples are eligible to adopt. Judges care about what is in the child’s best interest. Therefore, they will look to place a child in a home that can provide them with a safe, supportive, and loving environment.

A thorough criminal background check will be conducted. The judge won’t place a child in a home where one of the occupants has been convicted of the abuse of a spouse or child, neglect, child pornography, rape, sexual assault, or homicide. In addition, there are other felonies that would prohibit the adoption of a child.

The Home Study Process

The home study is essential in assessing your home environment and ensuring the child is adopted by a loving, nurturing family. There are multiple components involved with the study:

An interview with the social worker to discuss your reasons for adopting, your background, family dynamics, and parenting style
A home visit to ensure your home is safe and suitable for a child.
Documentation regarding your physical and mental health, proof of income, health insurance
References from family and friends

In addition, you will need to attend an adoption training program to prepare you with the skills and knowledge you will need to raise your child, especially if the child has special needs or has experienced trauma.

Do Birth Parents Have Any Legal Rights

Some prospective adoptive parents worry the birth parents will change their minds and take their child back. However, California outlines the legal rights of birth parents in the adoption process. They must voluntarily consent to the adoption. If there is no father listed on the birth certificate, every attempt must be made to locate them.

In an independent adoption, the birth parent has 30 days to revoke their consent.

Many families choose open adoptions. The birth and adoptive families have some level of communication after the adoption. They may share pictures, have video chats, or in-person visits.

Navigating the Adoption Process with LPEP Law

If you are considering adoption, your first step should be contacting one of our lawyers at Lonich Patton Ehrlich Policastri. We will work with you throughout the adoption process to ensure that the paperwork is complete and that legal requirements are met.

We understand that adoption can be an emotional process that involves multiple moving parts. Your attorney will be with you every step of the way, from the initial consultation to finalizing the adoption and beyond.

Contact us for a free consultation by calling (408) 553-0801. Your adoption story can begin today.

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

Military Family Matters: What Legal Considerations Are Important?

December 26, 2024/in Family Law /by Virginia Lively

Military families face unique challenges that require thoughtful legal planning. From deployment to relocation and the complexities of military benefits, it’s essential to understand the legal considerations that can protect and support service members and their loved ones.

Understanding Military-Specific Legal Protections

Service member’s families benefit from several legal protections designed to safeguard their rights during service. Two critical areas to consider are employment and housing.

The Servicemembers Civil Relief Act (SCRA) for Military Families

The SCRA provides active-duty military members with protections against financial and legal burdens, such as:

Postponing civil court proceedings
Capping interest rates on loans and credit cards
Protecting against eviction during service

Understanding these rights is crucial for preventing undue financial or legal stress during deployments or other service commitments.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA ensures job protection for service members when they return from active duty. Employers are legally required to reinstate returning service members to their jobs and provide reasonable accommodations.

Addressing Family Law Issues in Military Life

Family law issues can become complicated for service member families due to frequent relocations, deployments, and state law variations.

Custody and Parenting Plans for Military Families

Deployments and relocations often impact child custody arrangements. Military families should draft custody agreements that account for:

Deployment schedules
Relocation possibilities
Virtual visitation during periods of separation

Working with an attorney experienced in service member family law can help create a plan that prioritizes the child’s best interests.

Divorce and Spousal Support for Military Families

Divorce in a service member’s family involves unique considerations, such as the division of military pensions and determining eligibility for continued healthcare benefits. Understanding these nuances ensures fair outcomes for both parties.

Estate Planning for Military Families

Estate planning is essential for service member families to secure their financial future and provide peace of mind.

Powers of Attorney and Wills for Military Families

Service member members should designate a trusted individual to make legal and financial decisions through a power of attorney. Additionally, drafting a will ensures assets are distributed according to their wishes.

Survivor Benefit Plan (SBP)

The SBP provides financial security for surviving family members. Service members should review and update their SBP elections regularly, especially after major life changes like marriage, divorce, or the birth of a child.

Navigating Military Benefits

Understanding and maximizing military benefits can significantly impact a family’s financial stability.

TRICARE and Healthcare Benefits

TRICARE provides healthcare coverage to service member families. Familiarizing yourself with coverage options, eligibility, and enrollment periods is crucial to maintaining uninterrupted healthcare access.

GI Bill and Education Benefits

The Post-9/11 GI Bill allows service members to transfer unused education benefits to spouses or children. Planning how to utilize these benefits can support the family’s educational goals.

Proactive Legal Planning Is Key: Contact LPEP to Discuss Military Family Matters

Military life is demanding, but proactive legal planning can alleviate stress and protect the well-being of service members and their families. By understanding their rights and benefits, addressing family law issues, and investing in estate planning, service member families can navigate their unique challenges with confidence.

Consulting with a legal professional familiar with service member issues can provide tailored guidance to meet your family’s needs. At LPEP, our expert attorneys specialize in family law and estate planning. With vast experience in military legal matters, we’ll ensure you and your family are protected and supported in every way possible.

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.

How to Navigate International Adoption Legalities

December 12, 2024/in Family Law /by Mitchell Ehrlich

Very few things match the joy of welcoming a new child to your family. Raising children allows us to rediscover the world through their eyes, share our values, and provide them with a home and loving, supportive parents. Some families choose to adopt through an international agency. They may have several reasons for their decision, such as a close connection with the adoptee’s country, a desire to raise a child from a different culture, or a desire to give a child from a disadvantaged area a chance for a better life.

However, international adoptions involve significant paperwork and legal requirements in both the United States and the foreign country. Understanding and preparing for the legalities of an international adoption can help ensure a smoother process.

The Hague Adoption Convention

Established in 1993, the Hague Adoption Convention is an international treaty among 104 countries, including the United States. Its goal is to ensure that intercountry adoptions prioritize the best interests of the child and prevent the abduction and trafficking of children.

The convention emphasizes the child’s best interests and states that foreign adoption should only be considered if there are no suitable families in the child’s home country. It also requires adoption agencies to be accredited and follow rigorous requirements to prevent unethical practices.

Who Oversees the International Adoption Process in the United States?

The Department of State is the central authority for international adoptions. Any adoption service provider needs to be approved by a Department-accredited entity (AE). There are only two AEs: the Intercountry Adoption Accreditation and Maintenance Entity (IAAME) and the Center for Excellence in Adoption Services (CEAS).

The U.S. Citizenship and Immigration Services (USCIS) is responsible for determining whether potential adoptive parents are suitable and eligible to adopt a child and whether the child is eligible to travel to the United States.

Every Country Has Its Own Laws

The first step in the international adoption process is selecting the country you want to adopt from. Since each country has different eligibility criteria and adoption laws, you will want to thoroughly research everything involved in the adoption process.

In addition to the U.S. legal requirements for bringing a child into the States, the country of origin has its own regulations and procedures, such as age, income, marital status, and the parents’ health. For example, some countries won’t allow same-sex couples to adopt.

It’s also imperative to keep abreast of changing laws regarding international adoptions. As of August 28, 2024, China has halted all foreign adoptions.

Documentation

The Department of State and USCIS require several legal forms. Prospective parents also need to have an approved home study, proof of U.S. citizenship, proof of marital status, medical records, birth certificates, and financial statements.

The adoption process will be prolonged and more costly without the necessary legal documents.

LPEP Law Can Help

If you are considering adopting a child from a foreign country, you should work with an attorney who can ensure your documentation is complete. Our attorneys at Lonich Patton Ehrlich Policastri can assist you in navigating the legalities and bureaucratic obstacles.

We will ensure you clearly understand each step in the international adoption process. Once you are back home with your child, our attorneys will help you complete the necessary steps to legalize the adoption in the United States.

Contact us for a free consultation on the international adoption process by calling (408) 553-0801.

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

Why You Need a Family Lawyer

1. Legal Expertise in Family Matters

2. Family Lawyers for Divorce and Separation

3. Child Custody and Support

4. Adoption and Guardianship with Family Lawyers

5. Estate Planning and Wills

6. Domestic Violence and Protection Orders

Set Up Your Family Law Consultation Today With LPEP

File a Request to Modify or Dissolve

Provide Supporting Evidence

Attend the Hearing

Other Considerations

Consult With Family Law Experts for Help

Understanding Child Custody Agreements

The Impact of Relocation on Custody

Parental Agreement

Court Approval

Mediation

Get Legal Support from Family Law Experts

Why is Gray Divorce Trending Upwards?

Gray Divorce’s Challenges

Beyond the Financial Aspect of Gray Divorces

Navigating a Gray Divorce Requires Special Care

How Courts Decide Child Custody

Does the Mother Have an Advantage in Custody Cases?

Primary Caregiver Role

Societal Expectations

Children’s Preferences

Can Fathers Get Custody?

Joint Custody: A Common Outcome

Contact LPEP to Discuss Your Child Custody Case

What is Guardianship?

What is the Role of a Guardian?

Types of Guardianship

Guardianship of a Minor

Guardianship of an Adult

Securing Your Family’s Future

What Is a Guardian ad Litem in Family Law?

When is a Guardian ad Litem assigned to family law cases?

Responsibilities of a Guardian ad Litem in Family Law

How Does a Guardian ad Litem Help?

What to Expect as a Parent

Call LPEP to Discuss Your Family Law Case

Age Requirements

A Secure and Stable Home

The Home Study Process

Do Birth Parents Have Any Legal Rights

Navigating the Adoption Process with LPEP Law

Understanding Military-Specific Legal Protections

The Servicemembers Civil Relief Act (SCRA) for Military Families

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Addressing Family Law Issues in Military Life

Custody and Parenting Plans for Military Families

Divorce and Spousal Support for Military Families

Estate Planning for Military Families

Powers of Attorney and Wills for Military Families

Survivor Benefit Plan (SBP)

Navigating Military Benefits

TRICARE and Healthcare Benefits

GI Bill and Education Benefits

Proactive Legal Planning Is Key: Contact LPEP to Discuss Military Family Matters

The Hague Adoption Convention

Who Oversees the International Adoption Process in the United States?

Every Country Has Its Own Laws

Documentation

LPEP Law Can Help

Free 30-Minute Family Law or Estate Planning Consultation

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