Uncategorized Archives - Lonich Patton Ehrlich Policastri

A parent with shared custody holds their child as they overlook the mountains

Parents With Shared Custody Devoting More Time To Childcare During Pandemic

February 24, 2021/0 Comments/in Uncategorized /by Lonich Patton Ehrlich Policastri

The Coronavirus pandemic has upended all of our lives and made choices that were once simple, complicated. With the closing of the public school system in California, parents are facing the challenges of educating and caring for their children at home. While this shift of responsibilities has affected all parents, it makes shared custody arrangements all the more complex.

Many Parents Are Left Without Childcare

Due to the pandemic, parents with joint custody are now dedicating more time than ever towards caring for their children. For parents both working from home and still commuting to their work, there are new nuances that take time to get adjusted to. Many parents with shared custody are realizing that their custodial arrangements may need to be adjusted to accommodate changes in lifestyle related to childcare, education, or even their working situation.

While the stresses of distance learning and social distancing are apparent to children, many people are overlooking the effect that stress has had on parents. Parents with shared custody are facing even more complex decisions regarding childcare. While parents working from home may be able to supervise their children, parents who are still commuting to work are faced with few options. To make matters worse, even a simple task like hiring a babysitter is complicated due to social distance protocols, fear of exposure, and the financial burden it places on parents.

Parents With Shared Custody May Need to Adjust Their Agreements

What used to be routine agreements, such as adhering to pick up and drop off schedules, is now complicated by new childcare arrangements and social distancing protocols. Additionally, many parents are finding themselves unable to be as attentive with their children’s education as they wish or are making sacrifices with their careers. The pandemic has left many parents, especially those with shared custody, wondering how to provide the best support for their children during these stressful times.

With child custody arrangements, impactful life events may require adjusting these agreements on a case to case basis. While it may seem daunting to make changes to a child custody arrangement, it may be necessary in order to create the best living environment for your children and lessen the stress of the pandemic.

Although making changes to a shared custody arrangement may seem more stressful for children, it might make their living situations more healthful in the long run. Whether it is to allow for better supervision, more assistance with schoolwork, accommodate job changes, or even social distancing, modifying your shared custody arrangement to accommodate the pandemic might be in your children’s best interest.

How to Alter Your Shared Custody Agreement

If you are interested in modifying your shared custody agreement, then it is best to contact a family law modification attorney in order to best understand your options. While it is easy to become persuaded by family or friends, legal attorneys can provide you with straightforward advice regarding your custodial arrangement.LPEP is a family law firm in the Bay Area that specializes in complex family law litigation and modification. If you are living in the Bay Area, please don’t hesitate to contact our offices for a free 30-minutes consultation on how we can help you adapt to the stresses caused by Covid-19.

A parent with a child custody modification walks down the sunny street with their child

All About Child Custody Modification

November 25, 2020/0 Comments/in Uncategorized /by Lonich Patton Ehrlich Policastri

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.

A man stands in a field carrying 2 children as a third runs ahead. A child custody lawyer helps him protect his rights

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

July 8, 2020/0 Comments/in Uncategorized /by Lonich Patton Ehrlich Policastri

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.

A patient with coronavirus lays in a hospital bed

Don’t Wait Until It’s Too Late – Plan Your Affairs Before Contracting Coronavirus

June 24, 2020/0 Comments/in Uncategorized /by Lonich Patton Ehrlich Policastri

Often, in our busy society, people don’t find time to put their affairs in order. They think “This can wait” or “I don’t have time today.” However, death is unpredictable. Especially in the current pandemic we are living in. Many people are finding themselves ill, with the symptoms coming on rapidly and without warning. In order to stop the spread of the disease, patients who are hospitalized with coronavirus are kept in isolation. This means that a family member or estate planning attorney can’t get through to put together a will or power of attorney. A power of attorney can appoint someone to make medical decisions for you in the case of your incapacitation (something that is very likely if you contract COVID-19). You need to get ahead of this before it becomes a problem. You want to make sure your affairs are in order in the unfortunate chance you catch coronavirus.

Things to Consider

When finalizing your affairs, there are a few things you should put together before meeting with an attorney. You can, of course, put these together with an estate planning attorney if you need help, but if you can put these together yourself, you can speed up the process.

List Out Your Assets – Make a list of all of your assets. This should include any real estate or properties you own, vehicles such as cars and boats, personal effects like jewelry and valuables, and life insurance policies or 401Ks or other bank accounts. This step may take some time, but make sure you are thorough.
List Beneficiaries – Make a list of everyone you wish to leave something to. You do not have to determine who will receive what at this point in the process. Just having a list of those who you wish to leave something to will help when planning your affairs with your estate planning attorney.
Take Care of Your Children – This is a step for you to dictate who will be the guardian of your children if you have them, and how you wish for them to be raised. While a judge does not have to follow these wishes, it is more likely if you have a firm plan set in place. Coronavirus doesn’t discriminate based on age. Many young parents are contracting the illness. Make sure you have the best interest of your kids in mind when creating a will or trust.
Dictate Your POAs and Directives – There are many different kinds of power of attorney. Deciding who will make financial decisions, medical decisions or the power to sign documents on your behalf can all be laid out in an estate plan.

Wills & Trusts

Many people who are planning for the end of their life are unsure about whether or not to create wills or trusts. An experienced attorney can help explain the difference between the two and can help determine which is best for your situation. Commonly, people use them in tandem with some assets being passed through trusts and others in the will.

An attorney gestures at an estate plan as they help a client who has contracted coronavirus

Trusts are a popular way of avoiding probate. You can also dictate when the assets or funds in the trust can become available to the beneficiaries. There is even such a thing as a revocable living trust which allows you to revoke the trust while you’re alive. Wills do not have the exemption to probate but are often more practical for certain situations.

Take the first steps and start planning your affairs while you’re in good health. It’s better to be safe than sorry as we live through this deadly and unpredictable coronavirus. If you’re in the Bay Area, set up a free 30-minute virtual consultation with one of our estate planning attorneys. We’re experienced, and strive to make the difficult process of estate planning easier for our clients. You can set up your free virtual consultation here.