Family Law Archives - Page 23 of 36 - Lonich Patton Ehrlich Policastri

Paternity Woes: Timing Matters

February 26, 2014/in Family Law /by Gretchen Boger

In Californian family law, there are a few important presumptions. Most have to do with marital property. However, one presumption is all about paternity. In California, a man is presumed to be the father of a child that is born to his wife during their marriage.* In a recent case, this presumption complicated matters for a man, his ex-girlfriend, and her new husband.

Victor and Mary were “romantically involved” when Mary became pregnant, although they never married. One month before she was due to deliver, however, Mary ended her relationship with Victor. After that, she acted fast. She married another man, Roger, before she had even delivered her baby. Shortly thereafter, her baby boy was born.

Due to the previously mentioned presumption, Roger was considered the baby’s father under California law. Mary and Roger, now married, took the baby into their home, and Roger treated the child as his son. Victor knew the baby was his, but he was not allowed to see his son.

After eight months, Victor filed a paternity suit stating that he was the biological child of Mary’s son. Unfortunately for Victor, Mary fought back, raising the presumption, and the trial court held that Victor did not have standing to claim paternity. His suit was dismissed.

Nevertheless, Victor appealed the trial court’s decision. The appellate court held that the presumption can be rebutted, especially where there is evidence that the child was not conceived during the mother’s current marriage. So, because Mary’s son was conceived well before she was married to Roger, Victor could rightfully file his paternity suit.

Although the trial court’s decision was overturned, Victor is still the boy’s presumed father. However, now Victor will have a chance to prove that he also deserves to be in the boy’s life because of their biological ties. Sadly, more litigation is on the horizon for these parties.

Paternity cases can be dramatic and complicated. If you find yourself in a difficult paternity situation, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*See California Family Code § 7611.

Valentine’s Day Causes 40% to Consider Divorce

February 13, 2014/in Family Law /by Mitchell Ehrlich

Valentine’s Day, the nationally recognized day of love, is right around the corner. However, for some of us this year, Cupid’s arrow will strike with thoughts of divorce instead of romance. In fact, the number of consumers seeking information about divorce will increase more than 40% around Valentine’s Day. So why are so many individuals exploring the possibility of divorce around this time of the year?

Philadelphia divorce attorney Jennifer Brandt explains that this phenomenon occurs because Valentine’s Day “forces us to assess our romantic relationships […]. Many people realize that they are not happy in the situation they are in and there is no possibility of it improving. Thus, they may turn toward divorce to get a fresh start.” Edward Weinstein, a New Jersey divorce attorney, offers a similar explanation: “My theory is that when you have these kinds of sentimental holidays, people start saying, ‘I deserve to be happy.’”

Avvo.com, one of the world’s largest online legal forums, also recently conducted studies that show the number of consumers seeking information about divorce escalates around Valentine’s Day. Leigh McMilllan, vice president of marketing with Avvo, states that the spike is so consistent and so prominent that researchers are coining this increase in divorce searches as the “Valentine’s Effect.” Avvo has consistently seen a large increase in the number of people searching for information on divorce around Valentine’s Day for the past four years. Women comprise of a majority of the searches (67%) and the big cities are hit the hardest – Los Angeles, Houston, Chicago, Phoenix, and Dallas lead the country in the number of people searching online for a divorce lawyer.

If you are considering divorce or have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Sources: http://www.mainstreet.com/article/family/marriage/divorce/valentines-effect-causes-40-explore-divorce?page=1; http://jamiat.org.za/blog/valentines-day-causes-a-peak-in-number-of-divorces-research-2/

Does Donating Sperm Via Craiglist Make You A “Father”?

February 4, 2014/in Family Law /by Julia Lemon

To some, donating sperm is considered an easy way to make some cash. However, for one Kansas man,* donating sperm turned out to be way more than he bargained for. William Marotta donated sperm to a lesbian couple via Craigslist, but did not comply with a Kansas statute that required that a licensed physician perform the insemination. Instead, he gave the sperm directly to the couple.

The state of Kansas sued Mr. Marotta for parental support of his child, even though he and the couple signed a written agreement relinquishing his parental rights. The court decided that since the parties did not comply with the statute, Mr. Marotta is the child’s legal father whether he likes it or not. Therefore, he will have to financially support the child, as well as provide back pay to the State of Kansas for aid the child has already received. As a result, there will probably be more litigation in store for these parties.

Fortunately, this costly and uncomfortable result can easily be avoided. In California, if a sperm donor gives samples of his sperm to a physician, surgeon, or licensed sperm bank, he will be treated as if he were not a natural parent of the child, unless otherwise agreed to in writing before the child is conceived. By keeping the process official and legitimate through the use of a doctor or licensed sperm bank, sperm donors can remain anonymous and can avoid “fatherhood” until they are truly ready for that responsibility. Bottom line: unless you want to pay 18 years of child support, be sure to follow all of the statutory requirements in the Family Code.

If you’re having paternity or child custody issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your family law issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*http://www.abajournal.com/news/article/man_who_responded_to_craigslist_ad_for_a_sperm_donor_is_a_dad_must_pay_chil/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

January, AKA “Divorce Month,” is Over!

February 3, 2014/in Family Law /by Gina Policastri

There’s a month for everything: National Pet Month, National Honey Month, National Grilled Cheese Month. And apparently, in recent years, January earned the less-than-flattering title of “Divorce Month.”

Findlaw.com, along with legal research service Westlaw, recently analyzed divorce filings between 2008 and 2011. Their study showed a spike in divorces in January, followed by a spike in late March. The study also revealed searches for “divorce,” “family law,” and “child custody” increased 50% from December to January – searches that continued to soar through the month of March.

So what exactly is going on during the early months of the year that causes such a rise in divorce? Miles Mason, a Memphis-based divorce attorney, lists a few reasons.

First of all, folks do not want to be perceived by friends and family as cold and heartless right before Christmas. Mason explains that “if somebody is coming to us in January, they made the decision to come see me or a lawyer before the holidays.”
Secondly, finances play a factor. Bonuses typically occur at the end of the year, a portion of which can be claimed as an asset from a spouse. Waiting until January to file for divorce will also not interfere with tax filings for the year before, which most couples file jointly.
Lastly, psychiatrist Mark Banschick explains that the start of the new year usually prompts an “existential moment” where people take a closer look at their lives, realize that it passes by too quickly, and that their current situation is not happy. As a result, “they call attorneys out of pain.”

If you have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source: http://www.cnn.com/2014/01/17/living/january-divorce-month-matrimony/index.html?sr=fb011714divorcejanuary3p

If You Think a Child Can Have Only Two Parents, Think Again.

January 31, 2014/in Family Law /by David Patton

As of the first of this year, some new and exciting changes have occurred in California family law. Last fall, Governor Brown signed bill SB 274* which allows children to have more than one parent. The court will grant parentage to multiple parents where it is determined that having only two parents will be detrimental to the child.

The law, now part of the California Family Code, directs the family court to consider all relevant factors, including, but not limited to, the harm of removing a child from a stable home with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. For example, this would allow a child to remain legally connected to both of his natural parents while creating a new legal connection between him and his aunt who has cared for him for a significant amount of time.

With this law, the court can allocate time and custody of the child among all of the legal parents. As always, what is in the best interests of the child is what controls the court’s decisions. This is the same for child support. In the end, Governor Brown acknowledged that in some situations, a child can benefit from having the care and support of three or even four parents. This is a major departure from previous laws which only allowed each child to have two legal parents. Now, there are more people who will have standing in family law proceedings in regards to certain children.

If you are interested in petitioning for parentage of a child, or are dealing with other family law issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your divorce or custody issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

http://articles.latimes.com/2013/oct/04/local/la-me-brown-bills-parents-20131005

*SB 274 is now operative as of 1/1/14.

Olympic Skier Reaches Custody Agreement

January 23, 2014/in Family Law /by Gina Policastri

As the world gears up to watch the Winter Olympics, the 10-month-old little boy caught in the middle of the divorce between Olympic skier Bode Miller and ex-girlfriend Sara McKenna will finally have some peace in his short, young life — for the time being, at least. Miller and his former flame have agreed to share custody with their infant son for the next few months, calming a custody battle over him as Miller prepares to head for the Winter Olympics in Sochi, Russia.

Last year, Miller and McKenna had a brief relationship in Southern California, where Miller still resides. Miller filed California court papers claiming paternity of the baby in November 2012, when McKenna was still pregnant. The following month, McKenna moved to New York to attend Columbia University to complete her bachelor’s degree. Then, in February 2013, she gave birth to the little boy – and conveniently filed for custody in New York. Miller accused McKenna of moving while seven months pregnant to relocate to a state with laws that favor mothers. McKenna argues that she moved to Manhattan because she did not want to give up her dream of attending the Ivy League university.

Though lauded by women’s rights activists who believe McKenna had been penalized by the New York judge’s decision, McKenna was criticized by a New York City family court referee for leaving California before co-parenting details could be worked out. The Court Attorney Referee called McKenna’s move “irresponsible” and “reprehensible,” and sent the case back to California, where a judge gave Miller and his new wife custody of the baby boy. McKenna’s attorneys appealed the decision, claiming McKenna’s rights had been violated and that jurisdiction belongs in New York because the baby, having been born in New York, was a resident of the state. As such, the case was kicked back to the same New York courtroom, where Miller and McKenna were able to agree to temporary shared custody.

Though the arrangement reached between Miller and McKenna is only temporary, attorneys for both sides are hopeful the dispute will be resolved. The arrangement will also allow Miller to take his son to the February Olympics in Sochi. For his part, Miller is “psyched about the cooperative plan” and for hers, McKenna “think[s] we’re on the right road.”*

If you’re considering a cross-country move during a custody dispute, be sure to first consult an experienced family law attorney. Having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your divorce or custody issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*http://www.cbsnews.com/news/bode-miller-ex-girlfriend-reach-custody-agreement-on-son/

Independent Evaluations: Could Denying Your Child Junk Food Affect Child Custody?

January 21, 2014/in Family Law /by Gina Policastri

Shockingly, it could. A recent Associated Press article* highlighted the scary truth about third-party evaluations and their effect on child custody disputes. In the case of the Schorr family, Mr. Schorr had a disagreement with his 5-year-old son over where they would eat dinner. The 5-year-old wanted McDonald’s, but Mr. Schorr felt that his son was eating too much junk food. Naturally, a tantrum ensued and Mr. Schorr issued an ultimatum—no McDonald’s or no dinner—period. The stubborn child decided he would rather not eat than choose a healthier alternative, so Mr. Schorr took the child home to his mother who had physical custody of the child.

In response to this incident, the child’s mother alerted the court of the disagreement. In turn, the court hired a psychologist to evaluate the situation, and that psychologist determined that Mr. Schorr was incapable of caring for his 5-year-old son. As a result, the psychologist urged the court to curtail Mr. Schorr’s visitation with his son, the court concurred. As a father, Mr. Schorr had no idea that denying his son junk food could eliminate his visitation time with his son.

In family law, it is important to know that persons other than the judge can have a significant impact on your case. In the event of a dispute, the court can appoint psychologists and other professionals to determine what is in the child’s best interests. The court will give deference to these court-appointed experts.

It is therefore very important to make a good impression with the evaluator. If you do not obtain a favorable recommendation, you can hire your own expert to rebut the recommendations. In the case of Mr. Schorr, he ultimately filed a defamation lawsuit against the court-appointed expert and likely brought in his own psychologist to dispute the damaging determination.

The family lawyers at Lonich Patton Erlich Policastri, LLP have a wealth of experience in child custody cases and know a number of qualified evaluators that could make a difference in your case. If you have any questions about child custody, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex Family Law proceedings and are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*Jennifer Peltz, “Suit: NY dad criticized for denying son McDonald’s”, Associated Press, Nov. 8, 2013.

Could Your Email Settings Land You In Jail?

January 15, 2014/in Family Law /by Mitchell Ehrlich

In Thomas Gagnon’s case, it sure can – and did. Unbeknownst to him, Mr. Gagnon’s ex-girlfriend received an email from him inviting her to join Google+. Unfortunately, Mr. Gagnon’s ex-girlfriend had a restraining order against him at the time. When she received the email, she complained to the authorities that Mr. Gagnon had violated his restraining order. Authorities agreed and arrested Mr. Gagnon, who was jailed before being released on bail.

However, Mr. Gagnon insists he never sent the email – he never authorized the email invitation, never consented to the invitation, and quite frankly, “has no idea how the invitation got sent.”*

According to Internet expert Bradley Shear of Bethesda, Md., Mr. Gagnon could very well be telling the truth. Google+ allows users to aggregate their contacts into various groups, and moving between groups can trigger Gmail to send automatic invitations to contacts to join Google+. Although Google could face serious liability for sending invitations without a user’s permission, the consequences can be very real (and immediate, like in Mr. Gagnon’s case) for the uneducated user.

Moral of the story: Consistently check your Internet settings and learn how certain invitations can be triggered. In this day and age, you can never be too careful with your privacy settings – especially when you’re in the middle of a domestic dispute or divorce.

If you are involved in a domestic dispute or divorce, having a knowledgeable, experienced divorce attorney by your side can prove to be invaluable. If you have any questions about your divorce or related issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex Family Law proceedings and are happy to offer you a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*http://gma.yahoo.com/man-jailed-gmail-invite-ex-girlfriend-111716107–abc-news-topstories.html

Fighting For Your Rights

December 9, 2013/in Family Law /by Gretchen Boger

Few non-lawyers realize that divorce proceedings can make the parties involved vulnerable to criminal punishment. Each time that a judge makes an order about child custody, spousal support, child support, or anything else, the parties are required to comply. If a party does not comply with one of the orders, the opposing party can file a motion to bring this to the court’s attention. If it is found that one party disobeyed an order, such as an order to pay child support or provide evidence, that party may receive a citation and be held in contempt of court. This is a quasi-criminal offense that could result in fines or jail time for the offender.

This is where it pays to have a great lawyer. A great lawyer will know how to protect you while your contempt proceeding is underway; he or she will ensure that you are “innocent until proven guilty.” For instance, if you send a document or make a statement that further incriminates yourself, your chance of a fair trial in the future will be jeopardized. Fortunately, if your spouse is requesting you to share information that could harm you in the contempt proceeding, your attorney can invoke your Fifth Amendment constitutional right against self-incrimination. Essentially, you have an absolute right not to make any statements or testify in a non-criminal matter while the contempt action is ongoing so that you don’t harm your chance of success beyond repair.

Importantly, however, this right is not guaranteed unless you claim the right with the court. Great attorneys will identify this opportunity and will take the necessary steps to protect you. Recently, one of our attorneys at Lonich Patton Erlich Policastri filed a motion to invoke our client’s Fifth Amendment rights in a contempt proceeding. If you are involved in a messy divorce or contempt proceeding, having a knowledgeable, experienced divorce attorney by your side can prove to be invaluable. If you have any questions about your divorce or custody issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex Family Law proceedings and are happy to offer you a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

19 Years Later, Kidnapped Infant Found Safe

November 26, 2013/in Family Law /by Lonich Patton Ehrlich Policastri

In 1994, 10-month-old Savanna Catherine Todd from South Carolina disappeared with her mother while her parents were embroiled in a highly-publicized divorce and custody battle. Mr. Todd and Ms. Barnett married in 1991 but the marriage quickly crumbled, and Ms. Barnett filed for divorce before Savanna was born. In the ensuring chaotic custody battle, Ms. Barnett was diagnosed with bipolar disorder and during court proceedings, had such a difficult time remaining in her seat that the bailiff needed to stand directly behind her chair. In April 2004, during a supervised visit, Ms. Barnett disappeared with baby Savanna, and neither were to be seen again until this week.

During the past 19 years, Savanna’s millionaire father never gave up hope that she would be found. Though a judge had awarded Mr. Todd $50 million dollars in his civil suit, the money was not his primary concern – Mr. Todd wanted his daughter to be found. Mr. Todd utilized his associations with the media to publicize baby Savanna, appearing on popular talk shows and telling his story to newspapers and magazines. Now, nearly 20 years later, his wish has come true: Savanna was found on Monday. She is now a 20-year-old nursing student and living an otherwise normal life in Australia. Savanna, however, is standing behind her mother, who is currently in custody in Queensland. The United States plans to extradite Ms. Barnett and she could face more than 20 years in jail if convicted on charges of federal parental kidnapping.

Though Savanna’s story is certainly rare, parental kidnapping is very real and there are steps that can be taken to prevent custodial interference. If you suspect that the other parent may kidnap your child, you should make every effort to show the judge why you have that fear. To determine whether there is a risk of abduction, the judge will consider many factors. Some include*:

Whether the other parent has taken or hidden the child in violation of your custody or visitation rights before or has threatened to do so;
Whether the other parent has strong familial, emotional, or cultural ties to another state or country, including foreign citizenship;
Whether the other parent has planned activities that would make taking the child from the state easier, such as quitting their job, selling their house, closing their bank account, applying to obtain a birth certificate or medical records, applying for a passport, and so on; and
Whether the other parent has a history of poor parental cooperation or child abuse.

Custody issues can be very complex and even dangerous – having a knowledgeable, experienced divorce attorney by your side can prove to be invaluable. At Lonich Patton Erlich Policastri, our attorneys are prepared to help clients through their divorce. If you have any questions about your divorce or custody issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex Family Law proceedings and are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*Cal. Fam. Code § 3048(b)(1)

Paternity Woes: Timing Matters

Valentine’s Day Causes 40% to Consider Divorce

Does Donating Sperm Via Craiglist Make You A “Father”?

January, AKA “Divorce Month,” is Over!

If You Think a Child Can Have Only Two Parents, Think Again.

Olympic Skier Reaches Custody Agreement

Independent Evaluations: Could Denying Your Child Junk Food Affect Child Custody?

Could Your Email Settings Land You In Jail?

Fighting For Your Rights

19 Years Later, Kidnapped Infant Found Safe

Free 30-Minute Family Law or Estate Planning Consultation

Contact Us