When one parent wants to move with the children, custody arrangements can become very complicated. If you are in this situation, it is essential to know your legal rights and options. This blog post will help you understand what to do if your ex-spouse wants to move with the children and how you can protect your rights as a parent.

How is Child Custody Determined in California?

In California, child custody is the legal right of a parent to have a child live with them. Custody can be either physical or legal. Physical custody means that the child lives with the parent, while legal custody refers to the parent’s ability to make decisions about the child’s education, health, and welfare. 

Child custody can be joint, meaning that both parents have equal rights and responsibilities, or sole, meaning that only one parent has custody. Visitation, or time-sharing, refers to the amount of time that the child spends with each parent.

Custody is typically determined by a judge based on what is in the best interests of the child. 

How “Move-Away” Situations are Handled

Sometimes situations arise where one parent may need to relocate to a different area for work or to be closer to family. If the moving parent has sole physical custody, then it is the other parent’s responsibility to show that the move would be harmful to the family.

However, if parents share joint physical custody and one parent wants to relocate, they must notify the other parent of their intent to move. The parents can discuss changes to the visitation schedule and ensure the non-moving parent can maintain a relationship with their child. If the parents can reach an agreement, they need to file a child custody modification with the court.

But, if the non-moving parent doesn’t want the child to move, the relocating parent must show how the move would be in the child’s best interest.

Courts generally consider the following factors when making a decision about relocation: 

• The reasons for the move
• The impact of the move on the children’s schooling, extracurricular activities, and relationships with friends and extended family
• The ability of the non-custodial parent to maintain a relationship with the children after the move
• The wishes of the children, depending on their age.

In some cases, other factors may also be considered, such as the move’s financial impact on both parents or the effect on special needs children. Ultimately, however, the court will always prioritize what is in the child’s best interests in making a relocation decision.

Understand Your Options for Custody Arrangements

If you are a parent facing the possibility of your child’s other parent moving away, it is crucial to understand your legal options. Our attorneys at Lonich Patton Ehrlich Policastri have extensive experience helping parents in all types of custody cases, including those involving relocation. If you live in San Jose or the greater Bay Area, contact us for a free consultation. We want to learn about your unique situation and help you determine how best to proceed. Fill out our contact form by clicking here or call us at 408-553-0801.

When two people fall in love and decide to get married, everyone tends to focus only on the exciting events to follow. While marriage is definitely something to celebrate, it is nothing to be taken lightly. It is a lifelong commitment that unfortunately is becoming increasingly likely to end in divorce. A prenuptial agreement can go a long way in ensuring the safety of both partners’ assets, business interests, and family trusts.

What is a prenuptial agreement?

Prenuptial agreements, also known as a “prenup”, is a private agreement between the two spouses-to-be. It sets out the stipulations of your marriage and outlines the provisions for what will happen in the event of a divorce or the untimely death of either spouse. Prenups most commonly outline who will receive property and other assets, including property owned by each spouse prior to getting married and whatever they might acquire together after getting married. In the state of California, this legal document declares the assets and debts of each individual before marriage and how those will be separated after a divorce. A prenup can also dictate how much alimony a spouse is entitled to. It is also becoming more common for pets to be included in prenuptial agreements.

Why get a prenup?

There are many, many reasons to have a prenuptial agreement in place prior to getting married. A few of these are:

• To protect assets and property owned before getting married.
• To establish a plan for paying expenses during the marriage.
• To protect children, parents, or other family members from the fear of a new spouse taking advantage of assets or property.
• To designate ownership and distribution of benefits from a life insurance policy.
• To protect a business or estate.

Prenuptial agreements can’t include anything that goes against public policy or that is downright illegal. For example, a prenup that contains anything that will adversely affect the rights of a child will be deemed unenforceable. The courts will always act in the best interest of a child. However, prenups can go above and beyond in making provisions for children. They can dictate the responsibility of each parent for future college expenses and other financial needs of the child. California Family Code Section 1612 specifically states what is legally able to be included and enforced in a prenuptial agreement.

Consult with an expert on whether a prenuptial agreement is right for you.

Having a prenup in place before getting married can give both you and your partner peace of mind. Hopefully it is something you don’t ever need, but in the unfortunate event that a divorce does happen, it is better to know that your assets are protected. Here at Lonich Patton Ehrlich Policastri, we specialize in Family Law and Estate Planning. We have significant experience in drafting prenuptial agreements that can withstand a court challenge. We have combined litigation experience of over 100 years and we know just how messy and complex a divorce can be. Call us today at 408-553-0801 or click here to schedule a free 30-minute consultation.

When most people think of divorce, they imagine a long and arduous process full of conflict and bitterness. However, this is not always the case. In some instances, divorces can be relatively smooth and amicable.

But what is the difference between a contested and uncontested divorce? Let’s take a closer look.

Contested vs. Uncontested Divorce

When both parties can’t agree on one or more issues, such as division of assets and debt, child custody, child support, and spousal support, it is considered a contested divorce.

In contrast, If parties have already agreed on all issues, then the divorce is considered uncontested. To file for an uncontested divorce, both parties must sign and file a marital settlement agreement with the court. If the court finds it is fair and equitable, it will approve the agreement and issue a final divorce decree. However, if the court finds that the agreement is unacceptable, it will send the parties back to negotiations to reach a resolution.

An uncontested divorce saves time, money, and stress for both parties involved. In addition, uncontested divorces tend to have a lower level of conflict, which can benefit any children involved. If the parties can communicate and cooperate with each other, they may be more likely to reach an agreement that is fair and agreeable to both sides.

While uncontested divorces are often cheaper and faster, there are certain benefits to a contested divorce.

1. It helps to ensure that both parties are fairly represented. If one party feels they are not receiving fair treatment, they can hire an attorney and take their case to court.
2. The judge will make sure that all assets are appropriately divided. In an uncontested divorce, both parties may be tempted to overlook certain assets to save time and money. However, in a contested divorce, both parties are required to list all of their assets and negotiate a fair distribution.
3. A contested divorce can also help to protect the rights of both parties. For example, if one spouse is asking for alimony or child support, a court will review the case and make an unbiased ruling based on what is just.
4. It allows the court to consider all of the evidence before making a decision. This can provide peace of mind for both parties knowing that the court has considered all relevant factors before ruling.

While no one likes the idea of going to court, a contested divorce can sometimes be the best option for ensuring an equitable outcome.

Whether you are considering a contested or uncontested divorce, the legal process is complex. If you live in San Jose or the greater Bay Area, our attorneys at Lonich Patton Ehrlich Policastri can help you with your case. Our team of lawyers has years of experience in family law and divorce litigation.

Contact us for a free consultation by filling out our contact form or calling 408-553-0801. We will make sure you receive a fair settlement.

Getting married is an exciting moment in your life. As with many pivotal life events, marriage can come with an increase in responsibility. Marriages are deeply emotional and can involve sharing almost everything. Prenuptial agreements are a great way to ensure that you and your partner are on the same page before you get married. A prenuptial agreement is a legal document that outlines which assets belong to who. A common misconception is that getting a prenup creates an avenue for divorce. This is, however, untrue. In the best-case scenario, a signed prenuptial agreement will never go into effect. If, however, it becomes necessary, it is a great way to make sure that both parties can leave the marriage with agreed-upon assets. Read on to learn more about other benefits prenuptial agreements can offer.

Advantages of Getting a Prenup 

1. Ensures Honesty & Fairness
   Prenuptial agreements are, first and foremost, agreements. This means that they require both parties to understand and be on the same page about how things will go. They encourage honest conversations and can be an excellent opportunity to build understanding with your partner. Additionally, prenuptial agreements are designed to be fair to both parties. Deciding what is fair, along with what makes sense for you and your assets, is a unique conversation that should be had. Having this conversation without the emotional turmoil that divorce can bring ensures that you are making clear and well-planned decisions. A legally-binding document made in good faith can give both parties the peace of mind that hard decisions have already been made.

2. Offers Protection
   Prenuptial agreements offer many forms of protection. This can include financial protection, such as defining which assets belong to who. Another form of financial protection that prenuptial agreements offer is protection from debt. If one party has significantly more debt than the other, it can be vital for the person with less debt to take the protection that prenuptial agreements offer. Another form of protection that prenuptial agreements provide is emotional protection. The ability to ensure that any children you may have can receive assets is vital. This can ensure that your children receive what is fair. Additionally, getting a prenup can prevent long and messy divorces. A primary focus of a divoce, in a legal sense, is deciding how to divide marital property. Since prenuptial agreements clearly define that, they greatly shorten divorces. This makes it far less financially and emotionally draining.

Get the Support You Deserve

Marriage is a life-changing and joyous occasion. When it comes to finances and asset protection, though, there is no such thing as being over-prepared. Having a prenuptial agreement provides you an avenue for an honest conversation with your partner prior to marriage. Additionally, it can offer you the financial and emotional protection you deserve. At Lonich Patton Ehrlich Policastri, our attorneys are well-versed in helping you navigate the tough conversations and decisions that come with creating a prenuptial agreement. Reach out to us at 408-553-0801 today to find out how we can support you and your soon-to-be spouse.

Paternity is the legal term used to name the father of a child. In California, paternity can be established in a number of ways. It is presumed that, if a husband is married to the child’s mother when a child is born, he is presumed to be the father.

In the eyes of the law, a child’s mother is always assumed to be the legal parent, regardless of whether or not she was married to the child’s father at the time of birth. As a result, a father who isn’t married to the child’s mother will need to take legal action in order to establish paternity and gain legal recognition as the child’s father.

If both parents agree on the identity of the father, they can sign a voluntary Declaration of Paternity form. This form must be signed in front of a witness and notarized. It can be completed at the hospital when the child is born or at any time after birth. Once the form is signed, it is legal proof of paternity and cannot be undone without a court order.

If the parents disagree on who the father is, paternity can be established through DNA testing. The mother, child, and alleged father must all submit to DNA testing, and if the results show that there is a more than 99% chance that the man tested is the child’s father, the court will legally recognize him as the legal parent. Once paternity is determined, the name of the father can be added to the child’s birth certificate, and he will be given legal rights and responsibilities.

A father can establish paternity up to three years after the child’s 18th birthday, but there are several advantages to doing it sooner.

Why a Father Would Want to Establish Paternity in California

There are many benefits to establishing paternity, both for children and parents. For a child, establishing paternity provides a sense of identity and belonging. In some cases, it can also help children to access medical information from their father’s side of the family. It also entitles the child to financial support from the father and inheritance rights if the father should pass away.

For the father, establishing paternity offers legal rights such as visitation, custody, and taking part in any decision-making regarding the child’s health, education, religious instruction, and activities. It allows the father and the child to bond and develop a legal relationship.

We Can Help You With Your Case

If you are considering establishing paternity, or if you have questions about it, please contact our office for a free consultation. We are ready to discuss your case with you and answer any questions you may have. Our lawyers at Lonich Patton Ehrlich Policastri specialize in family law and have helped families in San Jose and the greater Bay Area. We can help you navigate the process and ensure that your rights as a father are protected. Call us at 408-553-0801 or fill out our contact form today.