family law Archives - Page 3 of 7 - Lonich Patton Ehrlich Policastri

Lonich Patton Erlich Policastri In The Community!

February 9, 2017/in In the Community /by Michael Lonich

Mock trial is a great way to learn the practical tools of the legal trade. Just ask Lonich Patton Erlich Policastri attorney, Bobby Khalajestani, who competed in several moot court competitions during law school and was a member of Santa Clara Law School’s Trial Team! Now though, Bobby is taking a seat at the judges’ table–in early February, he judged the 2017 Santa Clara High School Mock Trial Tournament. In a mock criminal trial, over 400 participating students had to get several statements in during pretrial motions, make objections based on the Evidence Code, conduct direct and cross examinations, and give opening and closing statements. Bobby reports that everybody competed at a very high level and displayed great court room skills! The tournament is ongoing as the students progress through multiple rounds, so be sure to check out the competition schedule if you would like to watch these future lawyers in action.

Congratulations to the tournament’s participants, and good luck to everybody still in the game!

For more information about Bobby or any of our firm’s attorneys, please contact Lonich Patton Erlich Policastri—we offer free half-hour consultation appointments to assess your family law and estate planning needs.

Please remember though, that each individual situation is unique, and results discussed on this site are not a guarantee of future results. While our blog posts may detail general legal issues, they are not legal advice. Use of this site does not create an attorney-client relationship.

The “Brangelina” Custody Battle

November 14, 2016/in Family Law /by Lonich Patton Ehrlich Policastri

After more than a decade together and six kids, Angelina Jolie and Brad Pitt are getting divorced. Aside from the challenges presented by the division of their purportedly very high value estate, the parties also face a potentially very challenging custody battle over their six children, who are all under the age of 16 years old.

To determine child custody, California courts look to “the best interests of the child.” While it sounds simple, this standard can prove quite challenging for the court depending on the family. Variables such as the child’s age, maturity, and their relationship with the parents, need to be considered. Moreover, the child’s school and activity schedule and the parents’ work schedules only add to the challenge. Courts may also, but are not required to, consider the child’s preference if he or she is of appropriate age and capacity. Whether a child is of “appropriate age and capacity” depends largely on their maturity and understanding of the proceedings, usually found to be around age 10.

Each case is different based on the level of cooperation, or animosity between the parents. Ideally, the parents can work together and agree on a workable custody schedule. However, the far more common scenario involves parents who cannot agree, and have difficulty communicating with one another. For these parents, the court must step in and make determinations based on the facts presented.

First, the court will send the parents to mediation. The mediator is a third-party neutral, meant to facilitate the parents’ coming to an agreement. Next, if they are still unable to agree, the judge will meet with the parents at a Judicial Custody Conference. If the parents are still unable to agree, the judge will order the parents to go through an Assessment After the Assessment, an in-depth process where the judge ultimately decides the custody and visitation schedule.

Courts may award sole or joint physical custody to the parents. Sole physical custody consists of the child living with and being supervised by one parent. Joint physical custody, on the other hand, can take many forms depending on the parents’ schedules, proximity to one another, etc. When parents share joint physical custody each parent has “significant periods” of physical custody. This does not necessarily equate to equal time between parents.

In Brangelina’s case, their unique work-life schedules, and global lifestyles will likely play a large role in how custody is ultimately split between the parties. Media sources report that both parties have asserted a desire to have physical custody of the children. Thus, some form of joint physical custody is the most likely result. Given that both, Angelina and Brad are actors, they have similar interests in a less traditional time-split for the children. Both parties will have to concede that they have extended periods of time when they remain on-site, and work long days while filming, which make them less available for the children during those time periods. A traditional 50-50 split is not going to work for them. Thus, it behooves them to try to cooperate with one another and recognize where they share common ground – the desire to give their kids the very best life they can. Luckily, Angelina and Brad have robust means to provide as non-traditional of a lifestyle for their children as they need to in order to fit whatever time-split needs they may have.

If the two cannot agree on an amicable custody arrangement, the court may have to step in. Given the children’s ages, it may consider their preferences depending on whether it finds they are of appropriate age and capacity. The court will likely strongly urge Angelina and Brad to try to agree on their own in light of the inherent publicity that follows their fame and the public’s interest in their celebrity lives. Like all parents, the parties are likely to feel more satisfied with an agreement they formulated rather than a court’s determination.

If you need help with a custody or visitation claim, please contact our California Certified Family Law Specialists. Our attorneys have decades of experience handling complex family law matters 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.

The More the Merrier?: When a Child Can Have More than Two Legal Parents

August 5, 2016/in Family Law /by Riley Pennington

Traditionally, when multiple parties would claim to be a child’s parent, a court could only recognize two of those claims. However, family matters are rarely so simple, and a recent California case has reaffirmed what subsection (c) of Family Code Section 7611 provides: “[i]n an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child.” “Detrimental to the child” is determined by (but not limited to) the “harm of removing child from stable placement with a parent who fulfills that child’s physical and emotional needs and has done so for a substantial period of time.” Importantly, a finding of detriment does not require that a court find any other parentage claimant to be unfit.

In April 2016, the California Court of Appeal for the Sixth District elaborated on Section 7611. In Martinez v. Vaziri, the petitioner was the child’s biological uncle, the respondent was the child’s mother, and the child’s father was the petitioner’s half-brother. Petitioner and Mother had been in a long-term relationship when Mother conceived a child. However, DNA testing revealed that the child was fathered by Petitioner’s half-brother. Father abandoned Mother during her pregnancy, and since the child’s birth, he has been in-and-out of jail.

Aware that he was not the father, Petitioner raised the child as his own—he accompanied Mother to her doctor’s appointments, was present at the child’s birth, and lived with and cared for the child during her first six months of life. Even after he moved out of Mother and Child’s home, Petitioner continued to see Child three days and two to three nights a week. Eventually, Petitioner initiated proceedings to establish legal parentage.

Although the trial court denied Petitioner’s parentage claim, the Court of Appeal remanded the case for reconsideration of detriment to the child in light of its interpretation of “stable placement.” The trial court had concluded that even though Petitioner established himself as the presumed parent of Child, there was no threat of Child’s “stable placement” being upended because Petitioner had already spent substantial time apart from Child while he attended a drug rehabilitation program.

The Court of Appeal found the trial court’s interpretation of “stable placement” to be lacking and remarked that the phrase is in reference to a parent’s physical and emotional attention to a child’s need. Therefore, the critical distinction is not the living situation, but rather, whether a parent-child relationship has been established, and whether the claimant has demonstrated a commitment to the child.

Thus, as Martinez v. Vaziri demonstrates, a child is not limited to two parents. If a third claimant can prove a sincere and stable commitment to a child (a still demanding standard), a court has the ability to protect the alternative parent-child relationship—without penalizing the child’s other biological or presumed parents.

Establishing parentage is important for both parents and children; however, multiple parentage claimants can complicate the process. If you have questions about the parentage of your child or are interested in establishing legal parentage, please contact the experienced family law attorneys at Lonich Patton Erlich Policastri to help you sort through your and your child’s rights.

Lastly, 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.

Sources:

1) Cal. Fam. Code § 7612(d)

2) Martinez v. Vaziri (2016) 246 Cal.App.4th

DOMESTIC VIOLENCE: PROTECTION THROUGH RESTRAINING ORDERS

June 3, 2016/in Family Law /by Mitchell Ehrlich

That familiar Hollywood story—a short marriage followed by an inevitable divorce—recently took a troubling turn when Amber Heard accused her husband, Johnny Depp, of spousal abuse. Detailing a series of domestic violence incidents, Heard asked a judge for and received a temporary domestic violence restraining order. While the criminal and civil implications of the Depp-Heard marriage have yet to be fully decided, domestic violence is a dangerous crisis that one in four women and one in seven men will experience in their lifetime.*

First, it is important to recognize what qualifies, legally, as domestic violence: abuse or threats of abuse when the abused and the abuser are or have been in an intimate relationship. Abuse includes intentional or reckless physical violence, threats of harm to third parties, and threatening behaviors such as harassment, stalking, or property destruction. Additionally, the abuse does not have to be physical—it can be verbal, emotional, or psychological as well.

Next, if a victim needs immediate help, he or she should call 911, a local domestic violence shelter, or the National Domestic Violence Hotline (1-800-799-7233). However, victims do have legal options, such as a restraining order, at their disposal as well. A domestic violence restraining order, like the one that Amber Heard received, is a court order that can be obtained by an individual who has been abused (or has been threatened with abuse) by a person with whom he or she has a close relationship. Once in place, a domestic abuse restraining order can be used to enforce the following actions: forbid an abuser to contact or go near the person who requested the order, force the abuser to move out of the victim’s home (even a joint home), pay child support, stay away from family pets, pay bills, and release property, to name a few options.

More specifically, there are four types of restraining orders: 1) an emergency protective order (EPO), 2) a temporary restraining order (TRO), 3) a “permanent” restraining order, and 4) a criminal protective order or “stay-away” order. An EPO can be acquired only by law enforcement and will only last for up to seven days, but judges are available 24 hours a day to grant the order if necessary. If a longer restraining order is needed, a person can seek a TRO—the type of restraining order that Amber Heard sought and received. For a TRO, an individual can go to court and explain to a judge why the order is necessary. If the judge agrees that the requesting person needs protection, a restraining order will be issued, and it will usually last between 20 to 25 days, until the court hearing date. Third, when an individual goes to a TRO hearing, the judge may issue a “permanent” restraining order instead. The order is not actually permanent—it only lasts for up to three years—but a person may request a new order when the previous one runs out. Lastly, sometimes the district attorney will file criminal charges against an abuser. Commonly, the criminal court will issue a protective order against the defendant (the abuser) while the criminal case is ongoing, and if the defendant is found guilty, for three years after the case is over.

Importantly, law enforcement or legal assistance is not necessary to ask for and receive a restraining order, but an experienced family law attorney can ensure that the process is carried out properly and make it easier to handle. For more information about how to best protect yourself when faced with a domestic violence crisis, please contact the lawyers at Lonich Patton Erlich Policastri. Again though, if immediate help is needed, please call 911, a local domestic violence shelter, or the National Domestic Violence Hotline (1-800-799-7233). The circumstances of Amber Heard and Johnny Depp’s divorce are alarming, but at least, they do provide an opportunity to have an open discussion about domestic violence and the tools available to those who need help.

Lastly, 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.

Sources:

*http://www.cdc.gov/violenceprevention/pdf/nisvs-fact-sheet-2014.pdf

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

4 questions to ask before hiring a mediator

March 8, 2016/in Family Law /by Riley Pennington

Mediation can be very helpful for spouses going through a divorce. Ensuring a successful mediation requires choosing the right mediator. Before deciding to work with a mediator, parties may consider speaking to those who have worked with him or her in the past. Below are a few suggested questions to ask those who have worked with the mediator:

1.Did the mediator develop a relationship of trust and confidence with you?

2.Was the mediator patient yet tenacious?

3. Would you hire this mediator again?

4.Was the mediator creative?

Sometimes our issues don’t have an easy solution. For example, deciding a custody holiday schedule or deciding who will keep the marital home, can make it difficult to reach an agreement. Hire a mediator that you know is prepared to deal with these complex issues.

While divorce mediation works in many situations, it is not always appropriate. Litigation is often the best option in situations where there is domestic violence, one party refuses to cooperate in making required disclosures, or communication between the parties is impossible. If you have any questions about divorce mediation and would like to speak to an attorney, please contact Lonich Patton Erlich Policastri for further information. Keep in mind 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:

Mediation Checklist: What to Know When Hiring Mediators

“Even his opponent called him an ‘excellent family lawyer'”- AVVO reviewer

March 7, 2016/in Firm News /by Lonich Patton Ehrlich Policastri

Mitchell Ehrlich is a partner and certified family law specialist at Lonich Patton Erlich Policastri. He practices exclusively in the firm’s family law practice handling a wide variety of complex family law issues.

Mitchell is very aware of the fact that he practices in a field in which, quite often, his clients and their children are in the midst of an emotionally stressful and financially difficult situation, where their futures seem uncertain and making decisions can be difficult. Accordingly, he endeavors to offer his clients his valuable experience, counsel and advice in not only the many complicated legal issues they face, but also the short term and long term impacts of their decisions on their families.

One AVVO reviewer stated the following: “If you are looking for an elite, top of the class family lawyer, try Mitchell Ehrlich in Lonich Patton Erlich Policastri San Jose. My husband hired one of the most aggressive law firms and kidnapped our daughter to start a divorce. Most lawyers didn’t want to deal w/ that notoriously aggressive law firm. Mitch was not intimidated by them at all . . . I’m forever grateful for Mitch getting the justice done. Mitch seems to also have a strong network in the legal community in Santa Clara County and is familiar w/ other lawyers and judges. He is well known for his knowledge in family law and even his opponent called him an “excellent family lawyer.”

If you have any questions about divorce or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further information. 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.avvo.com/attorneys/95126-ca-mitchell-ehrlich-39856/reviews.html

3 requirements for a successful mediation

March 7, 2016/in Family Law /by David Patton

Mediation allows parties to work in a collaborative environment and reach an agreement satisfying to both sides. The enclosed article suggests mediation as a first step in solving problems and reaching voluntary agreements. Instead of using mediation as a last resort, the article recommends using it as the first step to work out solutions. In particular, using mediation, a less formal alternative than court, makes it less likely that parties will react defensively or overstate their claims. Although the article discusses mediation in a business context, the following three suggested requirements for a successful mediation also serve well in divorce mediation:

(1) a willingness on the part of all the relevant parties to work together to resolve the problem or deal with the situation;

(2) the availability of a trusted “neutral” with sufficient knowledge and skill to manage difficult conversations; and

(3) an agreement on procedural ground rules (i.e., confidentiality, timetable, agenda, good faith effort, etc.)

While divorce mediation works in many situations, it is not always appropriate. Litigation is often the best option in situations where there is domestic violence, one party refuses to cooperate in making required disclosures, or communication between the parties is impossible. If you have any questions about divorce mediation and would like to speak to an attorney, please contact Lonich Patton Erlich Policastri for further information. Keep in mind 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.pon.harvard.edu/daily/mediation/mediation-as-problem-solving/?mqsc=W3827538&utm_source=WhatCountsEmail&utm_medium=PON%20Harvard+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule&utm_campaign=Neg_WIR_02272016

Uncovering hidden assets during a divorce

February 29, 2016/in Family Law /by Mitchell Ehrlich

Divorces can get ugly. Someone who was once your world suddenly becomes your enemy. One area that can get especially messy is property division. One spouse may try to hide assets in hopes of preventing the other spouse from benefiting from them. Although such action can lead to legal consequences, some spouses, nonetheless, attempt to do so.

The first step should be to try to get the information from your spouse. In an ideal world your spouse will be upfront about all the assets. But if your spouse is uncooperative or you suspect your spouse is hiding assets, it is probably best to contact an attorney to guide you through this process. An attorney can assist you in obtaining financial information from your spouse by using the discovery process.

Some of the discovery tools include:

Document demand: Your attorney can ask your spouse to produce financial documents such as bank statements, tax returns, and recent pay stubs.

Interrogatories: This allows your attorney to ask specific questions to which your spouse will have to answer in writing or admit specific statements that you believe are true.

Inspection demands: This allows you to inspect property that you believe may be of value.

Deposition: During a deposition, your spouse will answer questions under oath. You, your spouse, attorneys and a court reporter will be present. Because this is under oath, your spouse may be penalized for “perjury” if it is discovered he has provided false information. Thus, a deposition is a great way to put some pressure on your spouse to tell the truth.

Perhaps the most powerful aspect of discovery is that if your spouse fails to comply with a request, you may ask the court to order your spouse to furnish financial documents. If your spouse still fails to produce the documents or information requested, the court may impose a “sanction” which can result in a judgment against your spouse on a particular issue or a monetary award for you.

If you have any questions about divorce or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further information. 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.divorcenet.com/topics/hiding-money-and-assets-a-divorce

August: The Month of Child Support Awareness

August 7, 2015/in Family Law /by Lonich Patton Ehrlich Policastri

“Children are the best part of ourselves-the sum of our past and the promise of our future, the guarantee that our lives and values and dreams will flourish long after we are gone,” said then President Bill Clinton when he made an official declaration in 1995 that recognized the month of August as Child Support Awareness Month.

Child Support Awareness Month is a time to highlight the vital role child support plays in the well-being and lives of millions of families in the United States. “Child Support Awareness Month is a time to salute parents who work hard to ensure their children grow up in stables homes and look forward to a bright future,” stated Yolo County Public Information Officer Beth Garbor. “It is also a time to help remind parents who are not always present that they are an important part of their children’s lives.”

Child support has become a widespread problem in the United States. According to the U.S. Census Bureau’s 2009 report: among the 6.9 million custodial single parents who were awarded child support in 2009, only 41.2% received all of the child support that was due- a 46.8% decrease from 2007.

When a non-custodial parent does not pay the child support order, it likely means that his or her children are missing out on income that they count on and will have to sacrifice accordingly. For many children, these monthly payments are all that stands between them and poverty.

“Children who receive support from both parents tend to do better in school and tend to have fewer behavioral problems through their lives,” said Yolo County Department of Child Support Services Director Natalie Dillon. “This support comes in many forms; emotional, mental, and financial.”

If you have any questions about child support or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further information. 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.

Trouble in Springfield: The Simpsons and Changing Family Structures

June 22, 2015/in Family Law /by Gretchen Boger

The Simpsons has become a symbol of American Television with its hysterical spoofs of current events and iconic characters. After 26 seasons, The Simpsons will be addressing a new topic in its 27^th season that has had a steady increase in American life- legal separation and divorce. Executive producer Al Jean told Variety that in its new season, Springfield’s supercouple would be splitting with the appearance of a surprising other woman. “In the premiere [of the 27^th season], it’s discovered after all the years Homer has narcolepsy, and it’s an incredible strain on the marriage,” said Jean. “Homer and Marge legally separate, and Homer falls in love with his pharmacist, who’s voiced by [HBO’s Girls creator and star] Lena Dunham.”

The Simpsons separation is not unusual in modern society. In the United States alone, about 40 to 50 percent of married couples divorce and the divorce rate of subsequent marriages are even higher. In the state of California, the divorce rate per year has grown to every 8 out of 1,000 couples divorcing. Consequently, these rates have led to a change in the American “family values.”

There are many who still fight for the return of the “good old days” and the traditional two- parent household. However, recent research cast doubt as to whether most Americans agree that a healthy family must have the traditional two-parent household. The “reality is that we live in an era of change and controversy with respect to many kinds of values, including values about family life.” In a survey conducted by the Families and Work Institute, a nonprofit New York research group, only two percent of the women and one percent of the men questioned define family values as being about the traditional nuclear family. Additionally, nine out of ten women defined family values as loving, taking care of and supporting each other, knowing right from wrong and having good values, and nine out of ten said that society should value all kinds of families.

In its 27^th season premiere, The Simpsons will reflect this indication of changing family values in American society as it is becoming more prevalent in today’s world. But let’s hope that Springfield’s favorite couple reunite.

If you have any questions about legal separation, divorce, or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further information. 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/2015/06/10/entertainment/homer-marge-split-simpsons-feat/index.html

Source: http://www.apa.org/topics/divorce/

Source: http://divorce-laws.insidegov.com/l/5/California

Source: Twila L. Perry, Family Values, Race, Feminism, and Public Policy, 36 Santa Clara L. Rev. 345 (1996).

*Since the writing of this post The Simpsons divorce rumors have been invalidated

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