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.

All About Child Custody Modification

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Child custody is an important part of any divorce when children are involved. Circumstances vary and depend greatly on many determining factors such as a history of abuse or addiction, means to provide, and whatever is in the best interest of the child(ren). Once a judge has made a ruling on the custody agreement between two parties, is it set in stone? Things can be changed through a child custody modification. What is it and when can it be used?

What Is A Child Custody Modification?

A modification is when, due to certain circumstances, a custody agreement is altered to accommodate the new needs and lifestyle changes of the parents and child(ren). If the two parties can agree on the changes there is a good chance of them being approved, but sometimes parents can’t come to an agreement. In this case, a modification to the custody and visitation order will have to go through the court. There are many reasons a modification may be necessary.

Reasons For Custody Modifications

Many things can constitute a change in a custody or visitation agreement. For it to be approved by the court, there has to be evidence that the current agreement is not working for both parties any longer in some way or another. What qualifies as a reason for a modification?

  • Addiction & Substance Abuse

If one parent is displaying evidence of addiction to alcohol or other dangerous substances, this can be grounds for modification. These problems can make a parent unfit to care for or supervise a child. While not impossible, it is unlikely that the addicted party will agree to changes in the custody agreement. In this case, any parent who recognizes this behavior in their co-parent must file with a judge for a modification in the current agreement.

  • Domestic Violence & Child Abuse

If there are signs that your child is in immediate danger and is not safe in their home, you can request a modification. You may want to speak with a child custody modification lawyer on how to expedite this process for the protection of your child. 

  • Parental Relocations

If a parent is relocating due to new job opportunities or a new marriage, or some other reason, this can affect the visitation schedule. Both parents should work together to come up with a practical solution where both parties get to spend time with their child(ren). The courts will take into consideration how this will affect the child’s everyday life such as school, activities, relationships, and upbringing. 

  • Violations Of The Current Agreement

If your ex is violating the terms of your current agreement such as not adhering to the visitation schedule or not communicating openly about the care of your child, or keeping your child from you despite the rights granted to you in the agreement, you are eligible for a child custody modification. You can contact a lawyer to learn how to modify custody if you are unsure of your next steps. 

How To Change A Custody Order

Changing a custody order is a simple process as long as the courts approve. If you and the other parent are in agreement about what modifications you want to take place, you can jointly submit the proposed agreement to the court for approval. If you and the other parent are not in agreement, one parent will need to file for a proposed modification with the court. It must be approved to be legally binding, otherwise, no parent is required to follow it. It is recommended to get an experienced child custody attorney to help with this process, especially if your ex is in disagreement with your proposed change. 

A father holds two children as a third runs ahead after a successful child custody modification

Our attorneys at Lonich Patton Ehrlich Policastri can explain how to modify custody and what your options are. At the end of the day, the courts care most about what is in the best interest of the child(ren). If you live in the Bay Area, set up a free virtual 30-minute consultation here. Learn more about child custody modifications 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.

What Is A Restraining Order & How To Get One

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Nobody should have to live in constant fear of another person. Yet physical or emotional abuse is not uncommon, and many people are often left unsure of how to protect themselves. Fortunately, there are legal processes that can protect you from having to deal with harassment, abuse, or being stalked. If you are fearful for your or your loved ones’ safety, then it is essential that you know how to get a restraining order, which is the first legal step in protecting your safety.

A restraining order(RO) is a legal order that a protected person can file against the restrained person in order to prevent them from taking harmful actions towards the protected person. The protected person may also name other people such as their children or relatives to be protected as well.

Before filing a restraining order, it is important to determine what you want the restrained person to be prohibited from doing. There are three types of restrictions that may be placed on a restrained person. A person may file for all three types of restrictions, depending on the severity of the abusive relationship.

  • Personal conduct orders are restraining orders that forbid the restrained person from committing acts against the protected person such as:
    • Contacting, calling, or sending any type of digital communication
    • Stalking or harassing
    • Threatening
    • Sexual assault
    • Physical attacks
    • Destroying the property of the protected person(s)
    • Disturbing the peace of the person(s)
  • Stay-away orders are restraining orders that prevent the restrained person from entering within a specified physical distance of the protected person. The protected area can include places such as:
    • The home and workplace of the protected person
    • The protected person’s vehicle
    • The protected person’s child’s daycare facility
    • Other essential areas that the protected person frequents
  • Residence exclusion orders, also known as “kick-out” or “move-out” orders, order the restrained person to move away from the place of residence of the protected person. A residence exclusion order can only be ordered if the restrained person lives with the protected person(s).

How to Get a Restraining Order(RO)

Before filing a restraining order in California, you need to determine which type of RO you need. The type of restraining order depends on the nature of the relationship with the restrained person. You must select one of the four of the following types of restraining orders when filing. 

  •  A domestic abuse RO, which protects people who are living with or closely related to the abuser such as a spouse, parent, sibling, grandparent, or someone who the protected person is dating or has children with
  • A civil harassment RO, which protects people that the victim is not closely related to (an aunt or cousin) and other non-relatives such as friends, coworkers, or any other person.
  • An elder or dependent abuse RO, which protects adults who are dependent on the person committing abuse
  • A workplace violence RO, which is a restraining order that an employer can file in order to protect an employee from harm. It is important to note that only the employer can file this type of restraining order. The employee who is the victim may file a civil harassment RO.

In order to get a restraining order in California, you or your restraining order attorney must complete and file the legal court documents to begin the RO process. When you file the paperwork you should bring legal identification and any paperwork related to the restraining order such as past filings or paperwork associated with an emergency protective order. 

A person in a pink shirt sits in an office with an attorney as they work on how to get a restraining order

Once the documents are complete, you must file the paperwork with the courthouse. In Santa Clara County, Domestic violence restraining orders are free, as well as civil harassment restraining orders if an act of violence has occurred. However, if no acts of violence have occurred, then there will be a fee for filing the civil harassment restraining order. If your income is low, you may want to bring pay stubs so that you may qualify for a fee waiver.

Once the paperwork is filed, a temporary restraining order may be granted until the date of the court hearing. During the court hearing, the judge will review the evidence and determine if further protection is necessary. The judge may grant protection for up to five years, at which point the protected person may file for a new restraining order. 

There are incidences, however, in which the protected person is in danger and needs immediate protection. If you face an immediate threat to your safety, you may call the police to help remove the restrained person from your vicinity. The police may then file an emergency protective order which lasts for five to seven days, allowing you or your lawyer the time to file a temporary restraining order at the courthouse.

If you live in San Jose or the surrounding Bay Area and need help acquiring a domestic violence restraining order, contact one of our experienced attorneys today. We offer free 30 minute consultations. Set yours up here. 

How To Help A Loved One Experiencing Domestic Violence

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Millions of Americans are the victims of domestic abuse yearly. It’s likely that you have either faced it yourself or have a loved one who has. But what about your loved ones who are currently experiencing violence? How do you help them? If you’re noticing signs of domestic violence, or if your loved one has confided in you, there are steps you can take to help. Learn what you can do from an experienced domestic violence lawyer.

Signs of Domestic Violence

If you suspect that your friend or family member is experiencing domestic violence, there are some signs you can look for. Some are more obvious than others. You might notice…

  • Their partner or family member shows signs of possessiveness or a controlling nature
  • Their self-esteem and self-worth has taken a nosedive since entering the relationship
  • Their partner is excessively jealous
  • Their partner yells at or humiliates them frequently
  • They frequently have bruises or other injuries 
  • They no longer have time to spend with friends or family, or people other than their partner (Abusers work to isolate their victims from a support system as a way of trapping them).

This is just the tip of the iceberg when it comes to warning signs of domestic abuse. If your loved one hasn’t confided in you that they are being abused, there are certain ways to handle the situation, and it must be done delicately. 

Supporting Your Loved One

Your first instinct may be to get the help of the police or a domestic violence lawyer. While this is necessary in the eventual resolution of the situation, this isn’t always the right, first step. Often, many victims of domestic violence are not ready to confront the fact that they are victims. They may have a lot of shame around the situation, and abusers often make their victims feel that they are at fault for their own abuse.

Don’t begin by telling them they are being abused and how they should handle it, although this may be your first instinct. Instead, start by expressing concern in a safe, private place away from the abuser. Listen to and support your loved one, and believe what they have to say. Do not be judgemental in any way. You need to validate them and remind them that they do not deserve to be hurt and that they are not to blame. That is so important, as they may feel it is their fault. Work to build up their self-esteem by reminding them of their worth and all of their positive qualities. For them to take the first steps towards leaving the situation, they need to believe they deserve to leave. Help them rebuild a support system. Abusers work to actively isolate their victims and drive their loved ones away so as to maintain control over their victim. By encouraging and helping your loved one rebuild those connections, you are building a strong foundation to support them when they leave. Ultimately, you need to put the power in your loved one’s hands. You need to remind them that they are strong and that they call the shots. Reminding them of their power can lead to the eventual will power they need to stand up for themselves and leave an abusive situation. 

Getting Help

When your friend or family member has decided that they are ready to take the next step in leaving a bad situation, you should have the resources to help them. You want to know what to do ahead of time so that you can get them out of the situation as quickly as possible and as safely as possible. You will want the number of your local domestic violence helpline. You will also need to reach out to them ahead of time to learn about resources they have to offer. 

A spouse in a white shirt holds their ring and cries into their hands. They're meeting with a domestic violence lawyer

You may also want to have the contact number of a domestic violence lawyer who can help in setting up a DVRO (domestic violence restraining order). They can also assist in pressing charges. You want an attorney who has extensive experience in the field of domestic violence, and who can handle the case delicately and discreetly. If your loved one is married to their abuser, a domestic violence lawyer can also aid in divorce litigation – especially if children are involved. In these matters, where there is a lot of hostility, you need an aggressive attorney who can work tirelessly to get justice for your loved one and their children, and to safely extricate them from a violent situation.

Courts tend to favor the interests of the abused spouse, and typically take accusations of abuse very seriously, especially if children are involved. If you have questions about what qualifies as domestic abuse in a court of law, and what your next steps should be in helping your friend, there are a couple resources you can use…

Domestic Abuse Intervention Services

Help a Loved One or Friend

National Domestic Violence Hotline

https://www.thehotline.org/help/help-for-friends-and-family/

LPEP Law – Domestic Violence Lawyer

https://www.lpeplaw.com/family-law/domestic-violence/

If you are based in or around San Jose, you can set up a free 30-minute consultation with one of our domestic violence attorneys here.  We believe victims and actively work to create a safer, healthier life for victims and their children. 

Parental Relocation & The Stay At Home Order

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As we all know, divorce/separation is a highly emotional event – especially when children are mixed into the fray. Combine that with the shelter in place (SIP) order we have in Santa Clara County and things start to become extremely stressful and volatile. If you’re unsure how to win a parental relocation custody case, especially during COVID-19, this article and a parent’s previous experience in San Jose winning full custody during the pandemic, might be of help to you.

Many times during a divorce/separation, new job opportunities, economic hardships, and other various difficulties may arise. As a result, one or both parents may need to relocate to a different city or state, transporting their children along with them to the new place of residence. Even during these uncertain times, family law courts are opened for the process of new applications and court dates. And while parents can often come to an agreement based on what’s in the best interest of their child, sometimes it’s just not possible for both parties to reach a consensus. If it comes to this point, professional legal representation is highly recommended. At least for the case of Steven Agnew from San Jose, California, this was true- he won full custody of his daughter, for the time of the shelter in place (SIP) order. The main argument used by him and his attorneys was the health of his daughter, and a judge agreed with this thought.

Under California state law, a parent who has sole custody typically has the right to move with their children unless the other parent can demonstrate that it would cause harm to said children. But if parents have joint custody and one parent challenges the other parent’s relocation, the parent who wants to move must show that it will be in the best interest of the children. With all that said, custody orders and visitation guidelines are not always completely clear. In California, judges often have few guidelines to follow, so the state tries to treat each case on a unique basis. Because of this, it’s important as a parent to seek legal advice from an expert parental relocation lawyer to ensure you get the desired outcome regarding your children’s future.

A parental relocation lawyer signs a document as the sun rises behind them

International parental “move-away” issues can be especially contentious and convoluted. Our team at Lonich Patton Ehrlich Policastri takes exceptional consideration to ensure a meaningful, continued relationship between the noncustodial parent and child is preserved. If a custodial parent decides to violate any of the visitation obligations, we understand and acknowledge the civil aspects of international child abduction in respect to the Hague Convention. We have attorneys that have experience in the 9th circuit of the supreme court and are extremely prepared for any matter, no matter what complexity. 

The end goal here is to ensure that the best interests of the children are served, while also making sure that both parents are able to maintain a continuing relationship with the children. We understand that a loss of contact with one parent can be detrimental to a child’s wellbeing. 

Here at Lonich Patton Ehrlich Policastri, our family law attorneys have more than 100 years of combined litigation and trial experience and an extensive background working on parental relocation and move away issues. Our team also has considerable experience in handling child custody matters concerning foreign nationals. These Parental Relocation Lawyers are on standby in San Jose, ready to help you learn how to win a relocation custody case. Please contact our office to schedule your free 30-minute Parental Relocation Consultation by calling (408) 553-0801 or signing up online here.  All consultations will be done virtually due to COVID-19 regulations and for the safety of our partners and our clients. 

How a Domestic Violence Restraining Order Can Affect Child Custody

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Dealing with a child custody arrangement is one of the most stressful experiences parents may face. When one of the people fighting for child custody or visitation rights has a domestic violence restraining order, the case is significantly more complicated and almost always requires a qualified child custody attorney to ensure that the children receive an outcome that is in their best interests. 

Understanding Custody Arrangements

Before discussing how a domestic violence restraining order affects custody, it is important to understand legal terminology regarding custody. There are two types of custody:

  • Legal custody refers to the custodian(s) responsible for making major life decisions for the children, including choices regarding education, religion, and medical treatment.
  • Physical custody refers to the person who must legally provide a safe and secure home for the children.

Both types of custody can be full, in which one person is the main decision-maker or caretaker, or joint, in which two people share the legal rights regarding decision making or the responsibility of providing a home.

Understanding a Domestic Violence Restraining Order

A domestic violence restraining order (DVRO) is granted when a judge determines that a person has committed or threatened to commit abuse against someone that they have a close relationship with. This includes relationships such as:

  • A spouse or domestic partner
  • A roommate
  • A person that they are divorced or separated from
  • Someone that the person is dating or used to date
  • The other parent of the person’s child
  • Another close relative such as a sibling, parent, or grandparent

In other words, a judge issues a DVRO when they determine that someone is a threat to another person that they are close to. A person must file a DVRO against someone for a judge to legally issue it. Any DVRO can affect a child custody case, whether it is against the other parent or any of the aforementioned people. Any history of violence is reason for concern in a court’s eyes. 

How Domestic Violence Restraining Orders Affect Custody

Domestic violence is different than child abuse because the victim must be older than 18 years old. However, research shows that domestic violence can negatively affect children, especially when they witness the abuse. In some cases, the emotional impact of children who experience domestic violence in their homes can be similar to those of children who are abused and neglected.

A child in a striped onsie is held up by a parent at the beach after being awarded child custody

Due to the mental and emotional effects that domestic violence has on children, judges typically will not award custody to the person with the DVRO if they determine that the domestic abuse is likely to occur again. 

Parents with a DVRO are often only granted limited visitation rights, which are strict schedules or rules regarding when they can legally visit their children. Often parents may not visit the children as frequently as they wish, only can visit the children with the supervision of a third party, or are not allowed to have the children spend the night at their house.

How Someone With a DVRO May Obtain Joint or Full custody

This does not mean that a parent facing a child custody case with a DVRO should not develop a strong case. There are situations in which a judge may grant full or joint custody to a parent with a history of a DVRO. Factors that a judge considers are when the DVRO was issued, the behavior of the person since the DVRO, if the person completed all of their court-ordered programs, and the living environment of the other person fighting for custody.

In all custody cases, the interests of the child are the judge’s main priority, and it is their job to do their due diligence when assessing the parents’ fit for custodial rights. This means that even though one parent has had a DVRO issue, they may still be the best option for custodial rights. Judges do consider the length of time that has passed since the DVRO and understand that with proper treatment, some people can dramatically improve their behavior and become fit to be a caregiver.

If someone with a record of a DVRO awarded within the past five years wants full or joint custody of their children, the judge will consider the following seven factors:

  1. What custody arrangement is in the best interest of the children?
  2. Does this person have a record of any other domestic violence?
  3. Has the person followed all the conditions of any restraining orders against them?
  4. Did the person finish their year-long batterer intervention course?
  5. If any alcohol or drug programs were mandated by the court, has the person finished them?
  6. If any parenting classes were ordered by the court, has the person finished them?
  7. Has the person followed all terms of their parole or probation?

The judge will use the aforementioned factors to determine custodial and visitation rights. If you are the victim of domestic violence or have a history with a DVRO, and are facing a child custody case and need advice, our lawyers at Lonich Patton Ehrlich Policastri offer free, 30-minute consultations to assess your unique needs. All consultations will be virtual due to COVID-19 in order to maintain the safety of our partners and our clients. 

Our experienced trial lawyers at LPEP are some of the most reputable child custody attorneys in the San Jose and Silicon Valley areas. Schedule your free consultation online here.

Divorce After Affair – How Affairs Affect The Case

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Going through a divorce is a devastating and stressful reality and experiencing a divorce after an affair often magnifies the emotional impact on people. People facing a divorce after an affair should make it a priority to educate themselves with a few basic principles regarding affairs and divorce settlements.

Understanding the “No-Fault” Divorce Principle

The state of California practices the “no-fault” principle, which means that one spouse does not have to prove that the marriage failed due to the fault of the other spouse. Instead, the spouse(s) need only claim that the spouses have “irreconcilable differences,” or that one spouse suffers from “incurable insanity.”  In other words, either one spouse has a mental illness that makes cohabitation difficult, or the two spouses simply cannot get along and are no longer compatible.

This is a modern principle on divorce settlement which vastly differs from the antiquated principle that requires a specific reason for the failed marriage and which often involves one person being blamed for the divorce.

This means that adultery no longer holds the same effect on a divorce settlement that it once did. However, the added layer of adultery does make the divorce settlement substantially more complicated, as there are a few instances in which the person who committed the infidelity suffers from financial repercussions. Severe and specific situations in which the children were emotionally impacted by the divorce can also affect custodial arrangements.

In order to best prepare you for your divorce settlement after an affair, Lonich Patton Ehrlich Policastri offers a comprehensive guide to understanding your legal rights for divorce after an affair.

How Affairs Affect Child Custody Arrangements

It is a common belief that the immorality associated with having an affair often tarnishes a person’s reputation in court. Judges, however, typically don’t consider an affair when determining child custody arrangements because it is generally understood that the act of having an affair does not directly affect a parent’s ability to provide a safe and supportive home. There are a few exceptions to this rule in which the judges determine that the affair caused the child severe emotional harm or impeded on the safety of their living environment.

Such circumstances that may discourage a judge from awarding child custody or visitation rights include:

  • Situations in which the spouse or the person they had an affair with physically abused the children
  • Examples of neglect such as a parent frequently leaving younger children alone while engaging in their affair
  • Events in which the parent engaged in frequent substance abuse while having the affair
  • And even circumstances in which a parent frequently brings their lover around their children, thus subjecting them to emotional turmoil and stress.

If your affair and divorce settlement involved one of the aforementioned situations then it is especially important to hire a qualified divorce attorney in San Jose in order to best present your case.

How Affairs Affect Alimony Payments or Property Division

Another common misconception about divorce after affairs is that the person who committed the adulterous acts is financially obligated to pay for the stress that they caused their spouse.

Judges, however, do not consider affairs in regards to alimony payments, but instead, determine the amount and schedule of payments based on one spouse’s financial dependency on the other.

However, there are a few exceptions to this rule of thumb in which judges may alter the alimony payments. For example, if the spouse who would normally receive alimony is living with the person that they had an affair with, then they may have less need, but generally, the “new” spouse’s income is not considered in setting support. 

Another example in which a judge could adjust alimony payments is when the person who had the affair lavishly spent money on their lover for dinners, hotel rooms, gifts, or weekend getaways; these adjustments are a result of reimbursement claims. It is essential to understand that judges are not lawfully bound to grant the other spouse financial compensation for the affair itself.  

The principle practiced in California divorce law known as “community property,” states that assets accumulated during a marriage must be split evenly if the marriage ends. In other words, some judges may interpret that law as meaning that the spouse who was cheated on is entitled to their share (50 percent) of the money that was spent on the affair.

Since this principle is merely an interpretation of the law and it is not explicitly stated, it makes divorce trials after an affair significantly more complex and timely.

As a woman watches her husband secretively text, she contemplates divorce after affair.

If you are facing a divorce after an affair and want to protect the interests of you and your children, then it is critical to invest in a qualified divorce attorney in San Jose, California. LPEP is one of the largest family law firms in the Bay Area and is experienced with complex and high-asset divorce settlements.

Sign-up today to schedule a 30-minute consultation so that we can help you understand your unique needs regarding a divorce after an affair.

3 Common Reasons People Lose Child Custody Cases According To A Child Custody Lawyer

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If you are looking for a child custody lawyer in San Jose California then you are probably facing the reality that there is the possibility, however slight, that you may no longer be able to see your kids as much as you deserve. 

A child custody case is one of the most stressful situations that a parent can experience, and many people are often unsure of where to turn. If you want custodial or visitation rights, then it is imperative that you act quickly and purposefully to ensure that you put forward a strong case for your children.

Our team of child custody lawyers in San Jose, California compiled a list of the top three reasons why people lose child custody cases so that you can be better prepared to give your children their best future.

1. Going to Trial Without Proper Preparation

Often parties seem confused by the amount of documentation and testimony that we compile for a strong custodial case. Mothers in particular wonder, “How can a mother lose custody of her child?”

Unfortunately, parents can become overconfident and believe that a judge will hand over custody without the need to prepare a strong case. It is common for the parent who is an underdog to invest in a top-quality child custody lawyer and walk away with custody and a large sum of child support payments.

In order to avoid this possibility, it is advised to hire a reputable child custody lawyer that is well known in your county and experienced with going to trial. This ensures that the judge will have a comprehensive understanding of why you are better suited for being the primary custodian of your children.

2. Not Being Active in Children’s Lives

Judges understand that being the primary custodian involves more than providing shelter and food — it is helping with homework, taking children to extracurricular activities, knowing their medication schedule, and having a strong relationship with them to name a few.

A small child holds its parent's hand after a child custody lawyer protected the parents rights to custody.

If you were not actively involved in your children’s lives prior to the separation, then it will be significantly more difficult to be granted full custody or become the primary custodian.

However, judges do understand that work obligations are sometimes unavoidable if one parent provides the only source of income. If a parent was unable to be heavily involved in their children’s lives but provides a strong case for their intentions of becoming more involved, then a judge may take the bigger picture into consideration.

3. Having a History of Abuse or Addiction

Judges analyze every detail of a parent’s past behavior and they take certain actions that they deem as potential hazards for children very seriously. 

If a parent has a history of being an aggressor in a domestic violence or sexual abuse case, a history of child abuse or neglect, or a history of substance abuse, then they are going to have to put together a strong case to win custody or even be granted visitation rights.

Additionally, if the parent has a criminal background, such as a DUI conviction, then they will have a much harder time proving that they are fit for custodial rights.

If you are a parent who has turned your life around and wish to have a second chance with your children, it is all the more important to hire a child custody lawyer to fight for your parental rights.Set up a free consultation with our experienced child custody lawyers at Lonich Patton Ehrlich Policastri, located in San Jose.

How COVID-19 is Affecting Family Law

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We’re living in a very uncertain time right now. Everything is unprecedented and everyone is handling COVID-19 differently. There are a few common practices being taken by local and state governments that we can lean on for stability. What does the Shelter-In-Place order mean for you and your family, and family law?

What Is A Shelter In Place Order?

Shelter in place orders are employed during or after a crisis to protect the population. These are usually issued locally which is why you are seeing orders with differing stipulations coming out of different states and counties. A shelter in place order requires residents to stay at home with the exception of essential travel and business.

Are Courts And Family Law Firms Considered Essential?

Many people who were facing legal trouble before the pandemic are now wondering how this will affect their cases. Courts and law firms are considered essential businesses, however, they are operating on a restricted basis. Only people who have hearings before the court will be allowed in the courthouses. Each county in the Bay Area has different regulations they are operating under. For Santa Clara, certain courts will remain open during the COVID-19 crisis, one being the Family Law Justice Center Courthouse. They are handling a restricted type of cases at this time. Some of those being:

  • Various restraining orders – Emergency protective orders, gun violence orders, domestic violence temporary orders
  • Child custody and visitation matters – ex parte requests, modifications due to child safety concerns, modifications due to parents withholding visitation
  • Guardianship with child safety concerns

You can learn more about the matters family law courts are handling here.

Temporary Emergency Rules

During coronavirus, the courts have enacted new emergency rules and revised existing ones to best serve the community. Emergency rule #8 was revised. It discusses the matter of extending protective and restraining orders. There is no longer an automatic extension of duration of orders during the pandemic. Now, the courts must provide persons a way to request renewals and extensions only. 

Emergency rule #13 deals with support requests and orders. This rule was created to ease the burden of requesting changes to child support, spousal or partner support, and family support orders during coronavirus. It is more challenging to file requests at this time, and the courts are having a hard time processing them. To deal with this, the courts are allowing service of unfiled requests.

For a list of all temporary emergency rules, go here. 

Government Aid and Back Child Support

The government is offering aid to the public in the form of a $1200 stimulus check. This is to offset the damage to the economy and the loss of jobs across the country. Family law matters are affecting the release of these funds. If a parent owes outstanding child support payments, they will see their funds reduced or will not be issued a stimulus check. 

To learn more about how family law in the Bay Area is affected by COVID-19, check out these resources here.  You can also set up a free virtual consultation with one of our family law attorneys to help you with any questions or cases you may have. You can set up a consultation here.

Free 30-Minute Family Law or Estate Planning Consultation

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Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

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

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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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