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

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

Why Mediation Might Fail

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

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

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

What to Expect if Mediation Fails

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

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

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

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

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

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

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

Seek Legal Representation

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

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

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

 

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

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

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

What Is a Guardian?

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

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

What to Consider When Choosing a Guardian

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

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

Naming a Backup Guardian for Minor Children

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

Including Guardianship in Your Estate Plan

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

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

Protect Your Child’s Future By Choosing a Legal Guardian

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

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

 

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

Financial affidavits play a significant role in a variety of legal proceedings, such as divorce, child custody, and financial support. It’s a legal document that provides an in-depth look at an individual’s income, expenses, assets, and liabilities.

Why are financial affidavits so crucial, what needs to be included, and how can you ensure yours is accurate?

Let’s get started.

When Do You Need a Financial Affidavit?

Divorce proceedings are one of the most common scenarios requiring a financial affidavit. California’s community property laws require marital assets to be divided equally while each party retains their separate assets they had at the start of the marriage.

Still, dividing the assets and determining each person’s financial responsibilities can be challenging. With a financial affidavit, the court is better able to assess each person’s financial position and make decisions regarding the division of assets and debts and spousal support. 

The court can also ensure the child’s financial needs are met with support payments.

In addition to family law cases, financial affidavits may be required for large loans and mortgages so the lender can determine your ability to repay the loan. They can also be used to settle other legal matters, such as probate or the dissolution of a business partnership.

What Information Is Included in a Financial Affidavit?

California’s Income and Expense Declaration is very detailed and broken down into sections:

Income

In addition to your employer, education, and tax filing information, you must disclose all forms of income you receive, including wages (minus deductions), commissions, rental income, government assistance, and investments. You must also provide two months’ worth of paystubs and proof of other income.

Assets

This portion lists what you own, such as bank accounts, real estate, retirement investments, vehicles, and other assets you could easily sell minus the amount still owed.

Expenses

The form will ask you to list the people who live with you and if they are contributing financially to the household expenses. This section also wants details about your current financial obligations, like housing, utilities, and food. It also wants you to list your discretionary spending on entertainment and vacations.

Liabilities

Other financial obligations, such as car loans, student loans, and credit card payments, also need to be included so the court can have a comprehensive view of your financial situation. 

The Importance of Transparency and Accuracy

Your financial affidavit is a legal document. Therefore, it’s vital that you present a truthful picture of your financial health. Avoid guessing at your numbers. Double-check and verify the information you entered and have your supporting documents ready.

If the court finds any discrepancies or omissions, it could harm your credibility, delay court proceedings, and result in legal consequences. Transparent and honest records pave the way for a fair resolution.

Let LPEP Law Help

Considering how crucial the financial affidavit is to your divorce proceedings, you don’t want to leave anything to chance. Our lawyers at Lonich Patton Ehrlich Policastri can work with you to ensure your affidavit is complete and gives an accurate, in-depth picture of your finances and supporting documentation. Doing it on your own can be stressful. By letting us handle the details, you can know that our experienced professionals are working to protect your interests.

Contact us at (408) 553-0801 for a free consultation. 

 

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

The last half decade has been marked by unprecedented events, including a global pandemic followed by the highest rate of inflation seen in 40 years. We are starting to see some prices decrease as inflation cools, but we still haven’t reached pre-pandemic levels. It’s likely we never will, as the cost of goods is affected by other forces.

Rising costs are felt everywhere. Alimony and child support payments that once seemed reasonable may now feel inadequate. How does inflation impact alimony and child support calculations? Do payments automatically increase, or does one of the parties need to request a modification in payment amounts?

The Cost of Living 

The cost of raising a child has substantially increased over the past few years. In 2019, it cost an estimated $233,610 to raise a child from birth to age 18, not including college expenses. In 2025, that estimate increased by over 60% to $375,000.

Families are seeing higher prices in more places than the grocery store. The price of housing, utilities, child care, healthcare, clothing, extracurricular activities, and private school tuition have risen dramatically. 

Inflation erodes the purchasing power of alimony and child support payments. When payments aren’t keeping up with rising costs, families risk falling below the poverty line, the very thing those payments are meant to prevent.

California’s Guidelines on Alimony and Child Support

California’s courts oversee spousal support, also known as alimony, and child support as outlined in the California Family Code. Alimony provides support to a spouse after a divorce or separation so both parties can maintain a standard of living close to the one they had during the marriage. It’s not uncommon for one spouse to experience financial hardship after a divorce, and alimony aims to address that imbalance.

Child support ensures that both parents are contributing financially to their children’s upbringing after the divorce. If the child resides primarily with one parent, the other parent may be expected to pay more towards their support.

However, neither alimony nor child support payments adjust automatically to keep up with increases in the cost-of-living unless the judge includes a cost-of-living adjustment (COLA) clause in the court orders. COLAs will automatically increase the payments to keep pace with inflation.

Modification Requests

California courts allow requests for modification of alimony and child support payments. Requesting a modification requires proof of a significant change in circumstances. Typically, modification requests are associated with changes in income, the needs of the child, or parenting time. 

Rising inflation can also qualify as a significant change. If the alimony or child support orders don’t have a COLA clause, either party can petition the court and request a modification hearing. 

LPEP Law Can Help

Inflation affects everyone, but when alimony and child support payments aren’t keeping up with rising costs, it can cause financial insecurity. Fortunately, there are legal options available. Our attorneys at Lonich Patton Ehrlich Policastri can help you petition the court for modification. We will guide you through the process and ensure you have the necessary documentation to support your request. With our assistance, your request for payment modification is more likely to be successful.

Contact us at (408) 553-0801 to schedule a free consultation. 

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

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.