The shift to remote work has changed many aspects of daily life, including child custody agreements. For divorced or separated parents, virtual employment provides new opportunities for flexible parenting plans, but also introduces unique challenges. Let’s take a look at how custody agreements have changed in the era of remote and hybrid work.

Increased Flexibility for Parenting Time

One of the biggest advantages of remote work is flexibility. Parents who work from home often have more control over their schedules, allowing them to be more involved in their child’s daily routine. This can mean:

• More opportunities for shared custody or equal parenting time
• Easier adjustments to schedules when children are sick or have school events
• The ability to care for younger children without relying on daycare

For some families, this flexibility allows for co-parenting arrangements that would not have been possible with a traditional in-office job.

Modifying Existing Custody Agreements Due to Remote Work

If one or both parents now work remotely, they may need to modify their custody agreement to reflect this change. Some factors that courts consider when modifying agreements include:

• Whether a parent’s work-from-home schedule allows them to provide proper supervision
• The stability and consistency of the child’s routine
• The ability of both parents to communicate and collaborate effectively

California courts prioritize the best interests of the child when reviewing custody modifications. If remote work enables a parent to take on more parenting responsibilities, they may have a stronger case for increased custody time.

Challenges of Remote Work and Co-Parenting

While remote work can offer flexibility, it also presents challenges for co-parenting.

Disruptions During Work Hours

Working from home does not always mean a parent is available to care for their child. Video meetings, deadlines, and work commitments can make it difficult to balance parenting duties. If one parent argues that the other is not able to provide full supervision during work hours, this could lead to disputes over custody arrangements.

Relocation and Virtual Visitation in Custody Agreements

Remote work allows some parents to move to new cities or states while keeping their jobs. If a parent wants to relocate, the custody agreement may need to be revised to account for:

• Long-distance parenting schedules
• Virtual visitation arrangements using video calls
• Travel costs and responsibilities for in-person visits

California law requires parents to seek court approval for major relocations that impact custody arrangements. The court will consider whether the move is in the best interest of the child and how it affects the co-parenting relationship.

Contact Us for Legal Guidance on Custody Modifications

If you are a parent navigating custody changes due to remote work, our family law attorneys can help. An LPEP lawyer can:

• Assess whether your custody agreement needs modification
• Help negotiate a fair parenting plan
• Represent you in court if necessary

As remote work continues to shape family life, we understand that custody agreements must adapt to meet the needs of both parents and children. If you have questions about custody modifications or need to make changes to your current arrangement, contact LPEP to schedule a free consultation with one of our family law experts.

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

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.

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. 

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. 

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:

1. An interview with the social worker to discuss your reasons for adopting, your background, family dynamics, and parenting style
2. A home visit to ensure your home is safe and suitable for a child.
3. Documentation regarding your physical and mental health, proof of income, health insurance
4. 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.