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Posts

What Is A Board Certified Family Law Specialist?

December 30, 2020/in Family Law /by David Patton

Family law litigation is one of the most emotional, stressful, and challenging litigation to experience. When fighting for the rights of your family, it is important to hire a certified family law specialist. While other non-specialized lawyers could represent you, they do not have the special training, experience, and qualifications to give you the best representation.

What Does It Take to Become a Certified Family Law Specialist?

In order to become a certified family law specialist, lawyers must pass an additional examination when taking the bar. Additionally, they must provide references and demonstrate experience in the field after passing the exam. The specialization qualification is not permanent, meaning that lawyers need to complete additional training every three years. 

Only specialists have the experience and training to understand the specific nuances of family law practice that is pivotal in family law litigation. While many lawyers may practice family law, not all of the lawyers who practice have the proper family law specialist certification. When selecting your lawyer, it is essential to pay attention to this differentiating factor as it could significantly affect the outcome of your case.

What Does a Certified Family Law Specialist Specialize In?

Family law lawyers who are certified family law specialists are reputable lawyers who focus on providing services for the broad category of family law litigation. Practice areas include cases involving:

  • State guardianship
  • Child custody
  • Visitation
  • Divorce
  • Annulment
  • Domestic violence
  • Alimony
  • Child support payments
  • Adoption
  • State child protection

As cases involving children and divorce can be highly emotional and contentious, it is all the more recommended to hire family law attorneys who have specialized certification. This certification guarantees that they have the experience and references to provide strong representation. Additionally, it implies that the lawyers will have the experience to treat sensitive matters with the care and respect that the family law litigation deserves.

A parent holds a toddler up on the beach as they plan to discuss custody with a certified family law specialist

How LPEP Can Help You

The Family Law Group at Lonich Patton Ehrlich Policastri boasts a team of reputable Certified Family Law Specialists. The powerful combination represents some of the best talents in the Bay Area and is known for providing first-rate representation in complex family law litigation.

In addition to providing strong family law litigation, our team also encompasses experienced attorneys in estate law. The crossover between family and estate law is common with high-asset and complex family law cases, and it is important to have lawyers experienced in both fields. This makes our team more dynamic, more passionate, and more dedicated to protecting your rights. 

We also have close partnerships with accountants, business evaluators, mental health professionals, and real estate appraisers. Our breadth of knowledge and access to outside resources gives us leverage over smaller firms. We use this leverage to put forth the strongest family law litigation in San Jose. 

LPEP is a reputable law firm with a team of dedicated certified family law specialists and family law lawyers. We focus on providing litigation to complex family law litigation and are especially experienced with cases involving business owners, foreign nationals, and cases with high-assets. 

At LPEP, we understand that complex cases are often highly more contentious and require the best representation. We are one of the largest family law firms in San Jose, which means that we have ample resources to provide you with the strongest litigation. Set up a free 30-minute consultation with a board certified family law specialist at our firm today.

https://www.lpeplaw.com/wp-content/uploads/2020/12/certified-family-law-specialists.jpg 912 1368 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2020-12-30 22:22:042021-12-22 19:49:54What Is A Board Certified Family Law Specialist?

What Are Grandparents Rights In Child Custody?

October 10, 2019/in Family Law /by Mitchell Ehrlich

As the grandparent of a child whose parents are going through a divorce, many questions can be raised. Will the grandparents be able to maintain visitation of the child? In some cases, if the parents are unfit, can the grandparents be granted full custody? What about joint custody? Lonich Patton Ehrlich Policastri are experienced family law attorneys with knowledge in grandparents rights. Getting the help of a trusted attorney can give you peace of mind and guide you through this challenging time.

Grandparents Rights: Visitation

A grandparents rights to visitation vary state to state. In San Jose, the option for visitation is granted only under specific circumstances. If the parents live separately, are unmarried or a child does not live with either parent or is in the individual care of a step parent, visitation rights may be requested. They may also request visitation if a parent is deceased or if one parent has not been found for over a month. Parents can petition for a grandparent to have visitation rights. If at least one parent agrees to visitation, California courts will consider it. The parents can also refuse visitation rights. If both parents decide they don’t want the grandparents to have visitation, courts will usually determine it is not in the best interest of the child despite any bond that has been formed with the child. 

A man going over grandparents rights in an office room

Joint Custody

If you live in San Jose and are seeking joint custody of your grandchild, the good news is it’s possible. Lonich Patton Ehrlich Policastri Family Law can help you gain joint custody. So, when can a grandparent try for joint custody? If custody to a parent/ parents is proven to potentially harm the child, primary custody to a non parent may be awarded. California also operates under the policy of the best interest of the child. If it is proven to be in the best interest of the child to live with their grandparents, joint custody is possible. At the end of the day, it comes down to a stable, safe environment for the child to be raised in. 

Full Custody

This is more complicated as California courts typically like to keep parents and children together. There are specific cases where a child may be placed in the full care of a grandparent. For example, if the parents of the child have died, custody may be granted to grandparents. As with joint custody, if parental custody is deemed unsafe or not in the best interest of the child, custody may be granted to a non parent. Parents can also grant full custody to the grandparents or lessen their chance at custody if the child has lived with the grandparents for over a year. 

Grandparent holding babies hand. Learn about grandparents rights to child custody

Grandparents rights are circumstantial and very complicated. It’s best to acquire the help of an experienced family law attorney such as those at Lonich Patton Ehrlich Policastri. Get a free 30 minute consultation to go over your options. You don’t have to face this situation alone. 

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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2019/01/bigstock-Grandparents-With-Grandchildre-94466849-min.jpg 1067 1600 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2019-10-10 23:22:382021-12-22 19:55:47What Are Grandparents Rights In Child Custody?

10 Common Child Custody Questions

September 25, 2019/5 Comments/in Family Law /by Virginia Lively

Custody is an in depth subject with plenty of nuance. It can be complicated to know where to begin. If you’re in the middle of a dispute over child custody or you’re simply wondering how to navigate this with your ex partner, these questions will get you started. 

1. What is the definition of child custody and the difference between sole and shared custody?

Child custody regards the legal relationship between a parent or guardian and a child. There are two types of custody – physical custody(responsibility to house and take care of the child) and legal custody(the right to make decisions regarding the child). 

Shared custody, also known as joint custody, is where both parents have the right to care for and make decisions regarding the kids. If there are differences between the two parents that cannot be resolved on certain issues of raising their kids, one parent or an appointed social worker must have the final word or power of decision. 

Sole custody means one parent has full authority over custody of a child. They make the final decisions on how to raise and care for the child. The other parent has a right to voice their opinion but the parent with sole custody decides the final result. 

2. What is the difference between arbitration and mediation in a Child Custody matter?

Arbitration and mediation share many similarities. They both involve a neutral third party such as an impartial judge or counselor or lawyer.

In arbitration, the impartial third party sits down with the two parties in a custody case. Both parties submit evidence and documents to the arbitrator to prove their case. The arbitrator will then make a legally binding decision based on what has been submitted. While this decision can be appealed, it is very difficult. You must prove the third party was non neutral.

Mediation is a favored way to avoid court based litigation. A neutral third party will guide the two parties towards settlement of issues in an amicable fashion. This is different from arbitration as any decisions reached are non binding.

Lonich Patton Ehrlich Policastri helps people in San Jose and Santa Clara avoid litigation through arbitration and mediation. If you need help with custody, contact them for a free 30 minute consultation.

3. In the state of California, is one parent more likely to be granted sole custody than the other?

While, in the past, it was common for mothers to receive custody over fathers, things have changed. In areas such as San Jose and Santa Clara, CA, both parents are considered equally in custody cases. Barring any drug problems or domestic violence and abuse, sole custody could be awarded to either party based on the best interest of the child. The rare exception is if a child is particularly young and would best be served living with one party.

4. In the State of California, how is child custody determined?

In California, custody is not biased towards the sex of a parent. Custody is determined based on the standards of the best interest of the child. This includes the health and safety of kids and ideally a continuing relationship with both parents.

Courts tend to favor the parent who is able to put personal issues in the relationship aside. This means they are able to maintain amicable contact with their ex for the sake of the child. 

Gender, race, religion, sexual orientation, handicap or financial status does not impact the decision of custody. The law in California tries to make the process as fair and equal as possible.

5. How does child custody differ for married parents versus unmarried parents?

Two wedding rings on top of a child custody agreement

Regardless of whether a child is born out of wedlock, child custody decisions are all made on the same principle – the best interest of the child.  However, there is an important distinction in child custody cases for married versus unmarried parents.  

In cases in which a child is born out of wedlock, the mother of the child is considered the custodial parent, meaning the parent who has sole physical and legal custody.  The father of a child born out of wedlock has no legal custody rights until paternity has been established or a Court Order has been established regarding custody and visitation. 

In cases in which the parents of a child are married, both parents are considered legal guardians and custodial parents, unless otherwise stated by the Court. Although it is an extra step, once paternity has been established, the standard for custody determination for unmarried parents and married parents is the same.

6. What does the term “best interest of the child” mean and how do you prove what the best interest of the child is?

“Best interest of the child” is the legal standard by which most courts base decisions in child custody cases.  This means that custody and visitation decisions and discussions are made by a judge based on what will best support and promote the development, well-being, and happiness of the child.   There are many factors that are considered when determining the best interest of the child such as child’s age and preference, consistency, mental and physical well-being of parents, safety and parental ability.  These factors may vary from state to state.

7. What is the difference between legal custody versus physical custody?

Legal custody is the right a parent has to make decisions about the child’s well-being and how they are raised. This includes decisions about schooling and medical care. It also determines if a parent has the right to get information about the child.

Physical custody is the right and responsibility to physically house and care for a party’s kids. This includes how much time a child will spend with each parent. 

8. What is child support and how does it work with child custody?

Child support is financial installments paid monthly to one parent or guardian of a child in order to help with the expenses of raising and caring for said child.

Whether or not a parent owes child support is determined by a few factors. One of these factors is timeshare percentage. This is the amount of time per year one parent spends with their child. The court also considers the gross monthly income of both parents. Child support can include add ons such as medical funds that health insurance doesn’t pay for. The amount of child support you pay can be modified over time. 

9. Modifications of Custody Agreements: what if there is a change in the agreement or if a move away order has been presented?

Modifications are changes to a custody agreement. These are common as circumstances change over time, affecting the original agreement put in place by a judge or parenting plan. To approve a modification, one must prove a change in circumstance with facts and evidence. Some changes in circumstances include:

  1. Change In Job Or Income – If a parent has a new job that pays more or less, this can affect the status of the custody agreement and the amount of child support a parent owes. 
  2. Change In Age Of Children – This can affect what’s in the best interest of the child and can impact the child’s wishes. The child’s wishes, when old enough, is considered by the court and has a significant impact.  
  3. When A Parent Violates A Custody Order – If a parent violates a custody order, they can be held in contempt of court. This does not always mean a modification will be approved but can affect the outcome in certain circumstances. 
  4. If A Parent Is Imprisoned – This can affect custody due to the limitations of being in prison. Being in prison can change how much child support a parent may pay, but the parent in prison will have to submit the modification to prove this change in circumstance. If they don’t, a significant amount of child support can accrue during their sentence. 
  5. Drug Problems Or Abuse – If a child is proven to be in a dangerous situation since the original order was put in place, this is solid ground for a modification in the custody order. 
  6. Move Away Orders – Move away orders are complicated. If a parent is considering moving, they should speak to the other parent immediately. The moving parent will have to go to court and ask permission to move. A parenting plan was set in place either through the plan the parents themselves worked out or the plan a judge set up. This plan determined what was the best interest of the child and if one parent wants to move away, it has to be evaluated if that is in the child’s best interest or if it will compromise that. 

It is not typically considered what is in the best interest of the parent if it negatively impacts the child. However, if a parent is moving for a new job opportunity – one that will lead to the advancement and improvement of the life of a child – that results in the happiness of the parent, a judge will consider approving the modification. A judge will also consider approving the modification if a parent has a new serious relationship and their new partner is moving for a job opportunity. Once and if you’ve moved, you will have to request the original court transfer jurisdiction to the new court in your new state. The original court that had jurisdiction over your custody case will usually maintain jurisdiction. 

There are a couple recommended ways to handle custody modifications. The first option and most recommended expedites the process and allows for a more personalized experience. Reach out to Lonich Patton Ehrlich Policastri for a free 30 minute consultation for help with modifications to custody agreements.

Another option is to have the DCSS do the mod for you. This is a very drawn out process however and isn’t for everyone. 

10. Can an attorney help avoid needless litigation or other concerns during the Child Custody process?

Choosing the right family law attorney can help you avoid litigation. No one wants a difficult custody battle. It isn’t good for you or your child. By choosing an experienced, compassionate lawyer, you have a better chance of mediation or arbitration. Your attorney should be able to tell you what the likely outcome of the case will be and what you should expect based on your situation. You could also lean on a family counselor or neutral third party such as a lawyer to help you develop a parenting plan both parties agree upon. This is one way to avoid litigation and make the process of custody as smooth as possible.

Ex spouses work with a child custody attorney on a parenting plan


If two parents create a parenting plan out of court, it is advised to have the document reviewed by a lawyer to make sure it is in the best interest of the child before signing it. If you’ve created a parenting plan out of court, reach out to the experienced attorneys at Lonich Patton Ehrlich Policastri for help reviewing the document. The court will then review the plan. Parenting plans are temporary until they are finalized by a court. A judge will consider any allegations or threats to the child’s safety before approving the plan. Once approved, the plan becomes a court order and cannot be violated. 

https://www.lpeplaw.com/wp-content/uploads/2019/01/Mother-Child-Touching-Noses.jpg 1365 2048 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2019-09-25 20:20:132021-12-22 19:56:0810 Common Child Custody Questions

Spousal Support Attorney, San Jose, CA

September 20, 2019/3 Comments/in Family Law /by David Patton

The decision to get divorced can be a difficult one; especially if you are unsure of how you are going to financially support yourself after severing ties from your former spouse. On the other hand, you might be wondering what you may owe your spouse during and after the divorce. These questions of alimony and spousal support can be difficult and complex, so it is important to consult a knowledgeable San Jose spousal support attorney; especially the attorneys at Lonich Patton Ehrlich Policastri.

What is Spousal Support?

Sometimes after a divorce, there is a financial gap or disparity left between the two former spouses with one spouse making substantially more than the other.  Spousal support, also sometimes referred to as “alimony,” seeks to correct that by helping the supported spouse maintain the same standard of living established during their marriage.

In its most basic definition, it is payments made from one spouse to the other. In other words, the financially stronger spouse makes payments to the supported spouse that follow the amount of money and time frame ordered by the court during the divorce proceedings. 

An attorney discusses the different types of spousal support with a client

What Types of Spousal Support Are There?

A party can ask for spousal or partner support to be paid while their case is still ongoing. There are two types of support that are awarded by the court.

The first type of support orders is called a “temporary spousal support order.” The goal with a temporary order is that the supported party will eventually become financially self-sufficient within a reasonable period of time.

The second type of support order that could be awarded is “permanent support” or “long-term support.” A permanent order can also be ordered by a judge once the divorce becomes final.

How is Support Calculated?

For temporary support, judges generally use a formula to calculate the amount.

On the other hand, judges consider a number of different factors to determine a final support order for a permanent spousal support. These factors include: the earning capacity of both parties and standard of living established during the marriage, the length of the marriage, and any evidence of domestic violence. If the court refuses to make an award of spousal support, the reason may be attributed to the dual careers of the couple and each party’s income earning potential.

How Does One Go About Getting Support?

If you or a loved-one are going through a divorce and would like more guidance through the process, including petitioning for support and alimony, please contact a San Jose spousal support attorney at Lonich Patton Ehrlich Policastri. Our firm offers free 30-minute consultations to new clients.

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.

https://www.lpeplaw.com/wp-content/uploads/2019/09/counting-3125587_1920.jpg 1079 1920 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2019-09-20 01:21:552021-12-22 19:56:21Spousal Support Attorney, San Jose, CA

Selecting A Family Law Attorney In Santa Clara County

August 30, 2019/in Family Law /by Mitchell Ehrlich

There are so many reasons to need a family law attorney. It’s important to choose the right one for your situation. If you’re in Santa Clara County, Lonich Patton Ehrlich Policastri can help. They specialize in family law and have collectively over 100 years of litigation experience. 

Where Should You Start?

When looking for a family law attorney, you should find out if they specialize in your needs. Family Law is a broad area of expertise and most law firms with a focus in family law handle a range of cases such as…

  • Child Custody
  • Grandparents Rights
  • Annulments
  • Divorce Planning And Litigation
  • Domestic Violence
  • Harassment
  • Parental Relocations
  • Prenuptial Agreements

These are just a handful of cases that a family law attorney works on. If you’re unsure if a family lawyer is right for you, contact Lonich Patton Ehrlich Policastri. They offer a free 30 minute consultation where they can answer your questions and determine if hiring a family law attorney is your best course of action. 

A family law attorney in a meeting with a client in Santa Clara County

Are They Board Certified?

Along with specialization, you want to make sure whomever you hire is board certified. This means your attorney has extensive experience and credibility in their career. You can check if they are board certified on your state bar’s association website.

At Lonich Patton Ehrlich Policastri, they pride themselves on being experienced and board certified. This allows them to offer you some of the best legal advice in Santa Clara County. 

Along with checking for board certification,  you should hire someone who is highly reviewed. You can find reviews for lawyers easily by looking on yelp or google, and often law firms have a testimonials page. 

Do They Have A Team?

You want to hire a family law attorney who has a team to work with. A law firm who doesn’t have a team of paralegals or other assistants runs the risk of being stretched too thin.

Family Law Attorney sitting with two paralegals

So, how can you tell if they have paralegals or other assistants? You will often find a page on the website with a list of attorneys who work at the firm. This will include other team members. For instance, LPEP Law has a page titled “Our Attorneys” that introduces the partners and attorneys in the practice.  

The main thing to remember when hiring a family law attorney is to feel like your case is cared about. You want an attorney who will invest in your case and will work hard to get the best possible outcome for you.

Are they being honest about the reality of your case? Are they keeping you up to date with the progression of it? Do they empathize with you and share similar values. All of these are important questions to ask when considering a family lawyer.

Find out if Lonich Patton Ehrlich Policastri is the right choice for your situation. Set up a free consultation. 

https://www.lpeplaw.com/wp-content/uploads/2018/05/hero2-bw.png 750 1800 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2019-08-30 21:46:402021-12-22 20:02:28Selecting A Family Law Attorney In Santa Clara County

What Personal Information Do I Need To Prepare When Considering A Divorce

August 28, 2019/in Family Law /by Riley Pennington

Separation and divorce are very difficult issues to navigate. If you are preparing for a divorce, there are a multitude of challenges that you must prepare for. However, having a knowledgeable San Jose divorce attorney – like the attorneys at Lonich Patton Ehrlich Policastri – will significantly lessen your burden. When preparing to meet with a San Jose divorce attorney for the first time, it is important to gather and have available certain personal information.

A San Jose divorce attorney can help you gather the needed information for a divorce.

What Information Will You Need?

It is important have some basic information for both yourself and your spouse ready. Your full names, dates of birth, and social security numbers are a good start. Additionally, have both your and your spouses contact information, address, phone number, and e-mail address. Another important piece of information to have is a document showing proof that you are a California resident. This can be a mortgage bill or home utility bill for instance.

Other valuable information to gather in preparation of your divorce or separation include employment information for both yourself and your spouse. You should obtain the employer’ name, address, and phone number, for both you and your spouse. Gather information about the length of you and your spouse’s employment. This should include monthly or annual salary, and at least the last three income tax returns you filed.

What If Children Are Involved?

Regarding any children you and your spouse may have, there are a few things you’ll need. First it is important to have available a list of all children from the marriage’s names including the children’s dates of birth, social security numbers, and health insurance coverage. Additionally, it would be good to note what the current custody arrangement is between you and your spouse. If you anticipate custody being an issue during your divorce, vocalize this. Include if there are any children from a previous marriage for either you or your spouse. List their names, dates of birth, social security numbers, and whether there is child support being received or paid for any of the children.

A parent helps a baby walk. A San Jose Divorce Attorney can help you with custody during a divorce.

Finally, if there is some additional information that will be of great assistance to the divorce attorney you meet, provide it to the attorney either before or during your first meeting. The date and place your wedding took place should be provided. Further, a list of any the marital problems involving alcohol or drug abuse, or domestic abuse, that led to divorce. Lastly, your attorney will need the name of your spouse’s attorney if your spouse is represented. They will need to know where to serve your spouse with divorce papers.

If you are separated and planning a divorce or simply considering your options, please contact one of the experienced San Jose Divorce attorneys at Lonich Patton Ehrlich Policastri. We offer free consultations for new Family Law clients.

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 detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2019/01/2-Rings-Divorce-Papers.jpeg 1367 2048 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2019-08-28 16:19:192021-12-22 20:03:02What Personal Information Do I Need To Prepare When Considering A Divorce

Can A Grandparent Have Joint Custody Of A Child With A Parent?

August 23, 2019/in Family Law /by Virginia Lively

The second season of HBO’s Big Little Lies was overflowing with entertaining drama. One of the leading storylines involved Meryl Streep’s character, Louise. She was a concerned and doting grandma fighting for child custody over Nicole Kidman’s character, Celeste’s twin sons. There were many scenes involving attorney meetings, legal strategy and exciting witness examinations in a gut-wrenching trial. But how much of what was portrayed on screen happens in real life? Could a grandparent in San Jose, for instance, fight for joint custody over their grandchildren?

The short answer is yes; especially with the help of a dedicated attorney at Lonich Patton Ehrlich Policastri. However, this issue is somewhat complicated, so the help of a knowledgeable attorney in San Jose is crucial.

A grandparent holds their grandchild's hand. Joint custody for grandparents is possible with an experienced attorney.

What You Should Know About Grandparents And Child Custody

Parents have the legal right to the custody, care, and control of their children. However, there are many situations where a grandparent assumes the role of primary caregiver for their grandchild. Yet, a grandparent’s parental role in their grandchild’s life does not give a grandparent the legal right to the custody, care and control of their grandchild.

A grandparent can fight for child custody under California Family Code § 3041: “Custody award to nonparent.” Under this code, the court must make a finding that (1) granting custody to a parent would be “detrimental” to the child and (2) that granting custody to the nonparent is required to serve the best interest of the child. Because of this, it is less likely that a grandparent would receive joint custody. However, if this is a concern of yours, please contact an attorney at Lonich Patton Ehrlich Policastri in San Jose.

Although parents have a fundamental right to custody of their children, this right is not absolute. What is of upmost importance is the child’s fundamental right to have a home placement that is safe. They deserve a home that is stable, and permanent. It is up to the court to decide whether that be with their parents or grandparents. Potentially, the court could decide upon another third party. At the end of the day, the court bases its decision off what is in the best interest of the child. This “best interests” approach allows courts to comprehensively look at all circumstances in determining which home environment a child would be happiest and most successful.

Get In Contact With An Attorney

These issues can get extremely complicated and hard to understand. Therefore, if you or a loved one is a dedicated grandparent hoping to fight for child custody or want to learn more about joint custody options, please contact one of the dedicated attorneys at Lonich Patton Ehrlich Policastri in San Jose. You can set up a free consultation here.

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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.




https://www.lpeplaw.com/wp-content/uploads/2019/01/bigstock-Grandparents-With-Grandchildre-94466849-min.jpg 1067 1600 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2019-08-23 17:14:012021-12-22 20:03:17Can A Grandparent Have Joint Custody Of A Child With A Parent?

Child Custody Attorney In San Jose, CA

August 22, 2019/in Family Law /by David Patton

Child custody can be a living nightmare for most. The fight for custody can arise in many situations, from divorce to one parent moving away or mistreatment of kids. It’s important to get a family lawyer who can help you navigate this rocky time as smoothly as possible.

If you’re looking for a child custody attorney in San Jose, Lonich Patton Ehrlich Policastri is here for you. There are a few important things to consider when looking into a family law attorney.

Does The Attorney You’re Looking At Specialize In Family Law?

You need a lawyer who specializes in family law. If you have a lawyer who practices in many different areas, they won’t be well equipped to help you like you deserve. Choosing an attorney who deals with child custody cases regularly means they will know the ins and outs of the system that other lawyers won’t. 

How Long Has This Lawyer Been Practicing Family Law?

Experience matters. How long have they practiced family law? How many child custody cases have they handled in the past 12 months? At a minimum, the lawyer you choose should have practiced family law for 5 years. Lonich Patton Ehrlich Policastri has decades of experience with family law. They know the ins and outs of child custody cases and most likely know about the judges in the area and their leanings. 

What Court Are You Going To?

This may seem like a minor question, but it matters. An experienced child custody attorney in San Jose is going to know the courts and proceedings that go on there. More importantly, they will know of the different judges and council. They will know if a judge leans towards mothers more frequently or if they have any biases. This will work in your favor because they can help you build a stronger case. Find out how often your attorney has been to the court and how they can use this information to your benefit. 

What Do Their Testimonials Look Like?

You can learn a lot about a lawyer from their customer testimonials. With the internet, it’s easier than ever to hear from all sorts of people what their experience was like. This means you can make the most informed decision. LPEP Law prides itself on being assertive, effective and compassionate with their clients and cases. You want an attorney who cares about your situation and cares about your kids.

How Do They Communicate With You?

A child custody lawyer takes notes in a meeting with his client

It’s all too common when hiring a lawyer, to talk to them once and after accepting your case, you don’t hear from them for months. You want an attorney who will stay in communication with you and keep you updated on how your case is progressing. Child custody is expensive and stressful. You want to know it’s in good hands and you want to be reassured throughout the entire process that what’s in your best interest is being done. A competent attorney will keep you in the loop.

Child custody is one of the hardest things you can go through, and it’s overwhelming to know where to start.  That’s why LPEP Law offers a free 30 minute consultation. This can give you insight on how to move forward and what steps you need to take, specific to your case. You can schedule your free consultation here.

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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.


https://www.lpeplaw.com/wp-content/uploads/2019/01/Infant-Parent-Hands-2.jpg 1536 2048 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2019-08-22 20:03:442021-12-22 20:05:35Child Custody Attorney In San Jose, CA

Family is More Than Just DNA: Stepparent Adoptions

July 3, 2019/in Family Law /by Riley Pennington

Stepparents play an important role in a child’s life. Many stepparents want to solidify their role as a child’s parent and fully accept the responsibilities and joys that come with it. Making the choice to adopt a child is an incredibly personal one, and likely comes with a slew of questions for both the parent and the child.

What Is A Stepparent Adoption?

A stepparent adoption is when the spouse of a child’s custodial parent (the parent the child lives with) adopts that child. It is the policy of the Social Services Agency that the custodial parent and the stepparent be married for at least one year prior to the adoption.

What Does the Process Entail?

Generally, to complete a stepparent adoption, the stepparent and custodial parent will first fill out the necessary forms and file a petition in the county in which the stepparent resides. Then, there will be a hearing in court on the matter, in which the child to be adopted, the custodial parent, and the adopting stepparent all attend. The court will then decide to grant the adoption or not.

The process can be also be broken down into 6 steps:

  1. Complete the necessary forms (can be downloaded from superior court website)
  2. Get consent from both birth parent and custodial parent
  3. Mail completed forms to social services
  4. Home visit and investigation with the Department of Social Services
  5. Schedule adoption hearing
  6. Attend adoption hearing

What Consent Do I Need?

The stepparent will need to get consent from the birth parent who is giving up custody of the child. If the birth parent does not want to sign a consent form, you can file a petition to end their parental rights.

However, there is always a question as to whether the birth parent’s consent is required. To answer this question, you have to determine whether that birth parent has consent rights under Family Code §§ 8604-8605 and the Uniform Parentage Act, and/or whether there are grounds to dispense the birth parent’s consent pursuant to Family code §§ 7800 or 8606.

You will also need to obtain the consent of the parent who is retaining custody of the child—in other words, the custodial parent.  The custodial parent must sign a consent, in front of the Court Investigator, a court clerk, or a notary public, allowing his or her spouse/partner to adopt the child.

*Understanding consent can be tricky. For clarity, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

What Does the Court Consider?

The court’s primary concern in an adoption is the child’s best interest. The court hopes to maximize a child’s opportunity to develop into a stable, well-adjusted adult. The court will determine the least detrimental alternative for safeguarding the child’s growth that maximizes the child’s sense of being wanted.

What Happens After The Hearing?

If an adoption is entered, the adopted child and stepparent sustain the legal relationship of parent and child. They can enjoy all of the rights and duties of that relationship. This means that the stepparent has the right to make educational and medical decisions for the child, enter into contracts on the child’s behalf, and discipline the child among other things. Stepparents then can experience all the other joys and hardships that come with being a parent.

How Do I Start The Process?

If you seek to start the adoption process for yourself or a loved one, or have questions about birth parent consent to adoptions, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2019-07-03 08:00:162021-12-22 20:05:21Family is More Than Just DNA: Stepparent Adoptions

Declaration of Disclosure

June 21, 2019/in Family Law /by Michael Lonich

What is a declaration of disclosure?

A Declaration of Disclosure provides a spouse with a complete and accurate disclosure of all assets and liabilities you have. The Declaration of Disclosure includes:

  • A Schedule of Assets and Debts form
  • An Income and Expense Declaration form
  • Your previous two years’ tax returns,
  • A statement regarding the value of all property gained during the marriage,
  • A statement regarding all property that was not gained during marriage,
  • Information on any investment or business opportunities made after separation that was the result of investments or business created during the marriage.

Do I have to fill out a declaration of disclosure?

In a proceeding for dissolution of marriage or legal separation, California law requires that parties exchange a general inventory of all assets and liabilities they may have. California requires a declaration of disclosure for many policy reasons including to avoid dissipation of the community estate before distributions, to ensure fair and sufficient child and spousal support and of course to facilitate the division of community assets.

How and when do I exchange a declaration of disclosure?

There are two types of disclosures required by the State of California, a preliminary disclosure and a final disclosure. The exchange of preliminary declarations is an interim step toward the requisite exchange of more comprehensive final declarations of disclosure before a marital settlement agreement can be reached or entry of the ultimate judgment.

The preliminary disclosure must be exchanged at the time of the service of the petition for dissolution or any time during the pendency of the action. Characterization and valuation details are not required in a preliminary disclosure.

In a final disclosure, characterization and valuation details are required. Like the preliminary declaration requirement, service of final declarations is mandatory.

Further, both spouses have a continuing duty to immediately, fully and accurately update and augment their disclosures when any changes may occur.

Will my assets and liabilities become public record?

The extensive disclosures required by California law could reveal private information which, if filed with the court, would become a public record. The threat of public access might discourage full and truthful disclosures; therefore the preliminary and final declarations are not filed with the court and will not become public record. However, while the declarations of disclosure themselves are not filed with the court, each party must file proof of service of each of the required declarations; and likewise, as to any amended declaration of disclosure.

If you are considering dissolution or separation and need help preparing a declaration of disclosure, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

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 detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2019-06-21 08:00:352021-12-22 20:05:13Declaration of Disclosure
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

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