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Mom and Dad Have Something to Tell You: Talking to Kids about Divorce

June 8, 2015/in Family Law /by Mitchell Ehrlich

With forty to fifty percent of married couples proceeding in marriage dissolution, thousands of children experience the stress of divorce each year. While the adults are navigating their own emotions, children are also struggling with their own feelings. Many of these children get lost in the process as their parents often find it difficult to talk to them about divorce.

When parents decide to break the news to their children, it is important to leave any feelings of anger or blame out. Practicing the conversation may be helpful as to release any feelings of anger before talking with them. If possible, parents should also break the news together to avoid confusion. Telling children together also helps to preserve the child’s sense of trust in both parents.

The conversation should also be age appropriate. In other words, “[t]he discussion should fit the child’s age, maturity, and temperament.” It should also always include the following message: “What happened is between mom and dad and is not the child’s fault.” It is imperative to include this message as most children will feel that they are to blame for the separation, when this may be far from reality.

It is also vital to be prepared to handle children’s reactions to the news. For the children who become upset, parents can let them know that they care about these feelings and reassure them that their feelings are understandable. Some children may not react immediately. For these children, parents can let them know that this is also okay and that they will be there for them when they are ready to talk.

While there is no easy way for parents to break the news to their children, there are important things that both parents can do to help guide their children through this challenging time. The following is a list of helpful tips:

· Be truthful and discuss changes with your children.

· For younger children, have a simple and to-the-point conversation.

· Remember to keep legal talk, heated discussions, and visible conflict away from the children.

· It is important to keep each parent involved in the children’s lives.

· Try to minimize any disruptions in their daily routines.

· Restrict negative talk to private therapy sessions or conversations with friends outside of the home.

· Encourage children to share their feelings.

· Remind your children how much you love them.

· Most importantly, support your child as he or she is navigating through the process.

The Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you have any questions about helping your children through this process, 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://kidshealth.org/parent/positive/talk/help_child_divorce.html

Source: http://www.redlandsdailyfacts.com/social-affairs/20150530/the-ins-and-outs-of-talking-to-kids-about-divorce

Source: http://www.babycenter.com/0_how-to-tell-your-child-youre-getting-divorced_3657051.bc

Billionaire’s divorcing wife wants at least $1 million per month

March 6, 2015/in Family Law /by Mitchell Ehrlich

How difficult would it be to spend $1 million dollars per month? In divorce proceedings that initiated last July, the wife of hedge fund manager Ken Griffin says that is precisely the amount that she requires to maintain her standard of living.

What are some of these expenses? They include:

– $2,000 a month for stationary

– $6,800 a month for groceries

– $7,200 a month for restaurant meals

– $8,000 a month for gifts

– $60,000 a month for an office and professional staff

– $160,000 a month for hotels

– $300,000 a month for a private jet

She makes this claim despite the presence of a prenuptial agreement that she signed in 2004. Ms. Dias-Griffin is seeking to have the prenuptial agreement nullified on the basis of duress and coercion. Mr. Griffin argues that she was fully aware of what she signed. The terms of the prenup included that she received $25 million upon signing the document, $1 million every year thereafter and Ms. Griffin had the advice of independent counsel – namely three prominent law firms – when signing.

In papers filed in Illinois state court, Mr. Griffin claims he already paid Ms. Dias-Griffin some $37 million in payments under the premarital agreement, in addition to giving her a 50% stake in the couple’s $11 million Chicago home. Ms. Dias-Griffin claims that this would only leave her with 1% of Mr. Griffin’s net worth and should be voided since she signed it under duress.

“Anne failed in her initial effort to obtain these things from Ken in the name of maintaining the ‘status quo,’” the filing reads, according to CNBC. “Now she claims that these same expenses are in fact ‘child support.’”

If you don’t know who he is, Ken Griffin is one of the world’s wealthiest men. As the founder and CEO of Citadel, a global investment firm, Forbes estimated his net worth at a value of $5.5 billion in 2014. Mr. Griffin married Anne Dias-Griffin in July of 2004. Ms. Griffin is also a founder of the Chicago-based hedge fund firm Aragon Global Management. Together, they have three children each less than 10 years old.

Typical Components of a Prenuptial Agreement

A prenuptial agreement can be a powerful tool in limiting property rights and alimony. A properly drafted prenup may be impossible to set aside. While the requirements for properly drafted prenuptial agreements vary from state to state, some of the general requirements in California for a valid prenuptial agreement under the California Premarital Agreement Act are:

– They must be executed voluntarily;

– Each party had independent legal counsel (or properly waived that right);

– Had legal capacity to enter into the agreement;

– There was no fraud, duress, or undue influence;

– A seven day waiting period between being presented with the agreement and signing it;

– Any other factor a court deems as relevant.

These are not all of the requirements, and each of the above mentioned requirements have elements that must be met in-and-of themselves. The Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you are interested in learning more about prenuptial or post-nuptial agreements, 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.

Surviving The Holidays During A Divorce

December 3, 2014/in Family Law /by Mitchell Ehrlich

The holidays are a time for family, friends, and togetherness. For the recently divorced or those in the process of a divorce, the holidays can be a very sad, confusing, and lonely time; especially for those couples with children. Lonich Patton Erlich Policastri, LLP have put together three tips to get you through the holidays this year: plan ahead, socialize, and create new traditions.

Plan Ahead

The first and most important step to ensuring you survive the holidays is planning ahead. This includes planning out where your children will spend their holidays and with whom. Depending on your custody plan, there are inevitably going to be holes in your schedule and during those time, loneliness may be unavoidable. One way to avoid being lonely during these times is to get activities on the calendar. If your children will be with your former spouse this year, plan activities with friends and family to keep you busy. While keeping yourself busy may be essential to surviving the holidays, it is also essential to leave some time for rest and reflection, so try not to over commit yourself.

Socialize

The more the merrier. It is common knowledge that the more people you surround yourself with, the better your mood will be. Just because your children are with your former spouse, does not mean you have to spend the holidays home alone. This holiday season, be sure to interact with others, whether it be with family or friends. Socializing will help you avoid feelings of sadness, loneliness, and depression. If you used to spend your holidays with your in-laws, find somewhere else to go this year. Do not be afraid to crash a holiday party or two. And remember, it is normal to feel out of place and uncomfortable, but the more you socialize, the better you will feel.

Create New Traditions

Divorce means letting go. This includes letting go of certain family traditions. Now that you are divorced, your holiday traditions are bound to change. This is your opportunity to keep the traditions you enjoy, get rid of those you do not, and create new and better traditions with your children. Take this time to try something you have always wanted to do, were too scared to do, or something your former would never let you and the children do. Also, if your children are spending this holiday with your former spouse, consider celebrating the same holiday with your children on an alternate day.

These are just some of the many tips available to survive the holidays during your divorce. The Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you are interested in learning more about scheduling where your children will spend the holidays, 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.

“No good marriage ever ended in divorce” – Louis C.K.

July 30, 2014/in Family Law /by Gina Policastri

“Divorce is always good news. I know that sounds weird, but it’s true because no good marriage has ever ended in divorce. That would be sad. If two people were married and they just had a great thing … and then they got divorced, that would be really sad. But that has happened zero times.”

-Louis C.K.

This inevitably leads to the question: what is a “good” marriage? Likely, the answer is there are no good or bad marriages. Instead there are a range of risk factors associated with divorce. When two people get married, they usually aren’t thinking that the marriage will end in divorce. But then hard times arise and sometimes they find themselves thinking either casually or seriously about divorce. Is there a way to know if your marriage is statistically likely to end in divorce? Below, we will take a look at some of the most common risk factors in the United States.

Current state of divorce

In the United States, researchers estimate that 40 to 50 percent of all first marriages will end in divorce or permanent separation. The risk of divorce is even higher for second marriages at about 60 percent. Divorce has always been present in American society although it has become more common in the last 50 years. Surprisingly, the highest divorce rates ever recorded were in the 1970’s and 1980’s. Since then the divorce rate has actually decreased a little but still remains at a historically high rate.

Researchers have found that individuals considering divorce make their decision to stay or leave based on the rewards they gain from the marriage, the barriers against leaving the marriage, their perceptions about finding a better relationship, and the amount of investment they have made in their marriage.

Barriers to leaving a marriage, such as concerns about money and the effects of family breakup on their children, can keep marriages together in the short term. However, unless there is improvement in the relationship, eventually the barriers are usually not enough to keep a marriage together in the long run.

What factors are associated with a higher risk for divorce?

The statistics which show that almost half of all marriages end in divorce might make it seem like staying married has the same odds as roulette – namely 50/50. However, research has identified various factors that are associated with a higher risk for divorce. Some couples may have a low risk and others might have a higher risk of divorcing. Understanding these factors may not directly help improve your marriage or make a decision about getting divorced, but they may help couples understand why they’re facing challenges. Researchers have identified the most common factors as:

Young Age. Marrying at a young age increases your likelihood of divorce, especially in the early years of marriage. People who married in their teens are at dramatically higher risk for divorce than those who married as early as age 21 or 22.
Less education. Researchers estimate that individuals who have some college education as opposed to not finishing high school have a lower chance of divorce. Investing in an education is a good way to build a foundation for a better marriage, not just a better job.
Less income. Tied to education is income. Research has estimated that individuals with incomes exceeding $50,000 have a lower chance of divorce. Finances can be stressful and having at least a modest income can help couples avoid stresses that can lead to divorce. If you argue with your spouse about finances once a week, your marriage is 30 percent more likely to end in divorce than if you argue less frequently about finances.
Premarital childbearing and pregnancy. In America, more than one-third (37%) of children are born to parents who are not married, and few of these parents eventually marry. Most of those parents will separate before the child begins school, some will never really get together.
If you have a daughter, you’re 5% more likely to divorce. This figure multiplies with the number of daughters. Researchers believe that this happens because fathers are more invested in family life when they have boys.
If you or your partner have had a previous marriage. Data shows that second (or third or fourth) marriages should be more successful than first marriages. However, this statistic is skewed by serial marriages and researchers have been unable to take the Elizabeth Taylors out of the equation.
Parents’ divorce. Of course, some risk factors for divorce you can’t control. If you experienced the divorce of your parents, unfortunately, that doubles your risk for divorce. If your spouse witnessed their parents’ divorce, then your risk more than triples. This does not doom your marriage to failure but rather suggests that individuals who experienced the divorce of their parents need to work harder to make good marriage choices and to keep their marriage strong and happy.
Same-sex marriages are more likely to end in divorce. Although the LGBT community is just starting to have legally recognized marriages in the United States, a research team led by Stockholm University on legal partnerships in Norway and Sweden found that male same-sex marriages are 50 percent more likely to end in divorce than a heterosexual marriage. If you’re a female in a same-sex marriage, this figure soars to 167 percent.

These are only a few risk factors that researchers have identified and none of them represent automatic doom for a marriage. However, if a number of these and other risk factors are present, seeking pre-marital or other counseling may be recommended, even if nothing seems wrong at the moment. Much like roulette, one can increase the odds in their favor by learning more about marriage, themselves and their partners.

If divorce seems inevitable, it is also recommended that couples take time to try to fix the relationship through counseling or some other professional service before making the decision to call it quits. However, we understand that sometimes there are no alternatives besides divorce.

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

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

A sperm donor who signs a document waiving his parental rights doesn’t have to pay child support, right?

June 30, 2014/in Family Law /by Gretchen Boger

The answer is: not necessarily. Early in 2014, a Kansas man who donated sperm to a lesbian couple while also signing documents waiving his parental rights may have to pay child support anyhow. “I donated sperm and that was it for me,” he told CNN.

A judge ruled otherwise, saying that he must pay child support. This was because the lesbian couple conceived the child through an artificial insemination procedure that was carried out at home, which fails to conform to Kansas law. In Kansas, a licensed physician must be involved in an artificial insemination process.

After following up on an ad on Craigslist in March of 2009, sperm was donated and documents were signed waiving parental rights. Now that the child is four years old, Kansas law says he is the father and has to pay up.

The issue has come up in California as well. In 2012, a California appellate court held that the renowned bodybuilder Ronnie Coleman was not required to pay child support for triplets (one of whom tragically died) he fathered through artificial insemination after a court ordered him to pay over $4,000 per month.

In 2006, Coleman agreed to donate sperm at a California Sperm bank for a friend. He admitted having no interest in having parental duties but was willing to donate his sperm to a woman who allegedly had an on-again off-again sexual relationship with the bodybuilder in his past. Four years later he was slapped with a paternity suit forcing him to pay child support. After dutifully paying the child support for several years, an appellate court overturned the verdict.

California Family Code section 7613 says that the donor of semen provided to a licensed physician or licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman, other than the donor’s wife, is treated in law as if he were not the natural father of a child thereby conceived. The court found that because the facts of Coleman’s case fell squarely within the parameters of 7613, any agreements between them as to parenthood were void.

The language of Code section 7613 can also help women who want to withhold parental rights from men who have donated sperm. A previous California case, Steven S. v. Deborah D., is a prime example. There, a man attempted to establish paternity for a child he fathered through artificial insemination with a woman he was intimately involved with but to whom he was not married. The woman argued against paternity and the court agreed that 7613 guaranteed the right of women to bear children without fear of paternity claims.

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

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

See California Family Code § 7613.

Source: http://www.cnn.com/2014/01/23/justice/kansas-sperm-donation/

http://www.sandiegodivorcelawyerblog.com/2012/06/a-california-appellate-court-held.html

Sometimes Diamonds are Not Forever

June 23, 2014/in Family Law /by Julia Lemon

California is a community property state, which means that all property acquired during marriage by either spouse is presumed to be community property. Conversely, any property acquired by a spouse before marriage, by gift or inheritance during marriage, or after separation is presumed to be the acquiring spouse’s separate property. However, it is possible for a spouse to change the character of an asset by transmuting a community property asset into one spouse’s separate property, or vice versa.

Generally speaking, to qualify as a valid transmutation, there must be an express written declaration made, consented to, or joined in by the spouse whose interest in the property is adversely affected. These strict requirements were enacted to avoid “he said/she said” situations where one spouse was presenting “pillow talk” evidence.

For example, a couple buys a car during marriage with community funds for the wife to drive. When the couple later divorces, the wife claims the car is her separate property because she was the only one who drove it. Unless there is a written agreement signed by her husband stating that the car is her separate property, her argument will fail because there was not a valid transmutation.

This rule makes sense for expensive items, like a car. However, spouses give gifts to each other all the time, and requiring a written agreement for every birthday gift or anniversary gift would be impractical and somewhat annoying. Imagine, “Dear Wife, Happy Anniversary! I love you so much. Here is a necklace that I am gifting you as your separate property.” Fortunately, the Family Code does not require an express written declaration for gifts such as clothing, jewelry, or other tangible items of a personal nature used solely or principally by the spouse receiving the gift unless the gift is “substantial in value taking into account the circumstances of the marriage.” In other words, an expensive gift to one spouse may be considered community property absent a transmutation.

In Marriage of Steinberger, 91 Cal. App. 4th 1449 (2001), the husband purchased a diamond ring and gave it to his wife on their fifth wedding anniversary with a card congratulating her on her recent promotion. The ring was worth at least $14,000. At divorce, the wife argued that the ring was her separate property because her husband gifted it to her on their anniversary. The husband, however, argued that he purchased the ring as an investment for them both to enjoy, and that it was not his intent to give her the ring as her separate property. He testified that the most expensive gift he had given her during the marriage was a Christmas gift card that cost a couple hundred dollars. The trial court found that the ring was a gift to the wife since it was tangible personal property.

However, the California Court of Appeal reversed the trial court’s finding. The appellate court reasoned that the ring was of substantial value considering the circumstances of the marriage, so the exception to the written declaration requirement did not apply. Since there was no express written declaration, there had not been a valid transmutation, and the ring was a community asset that should have been divided equally upon divorce. When it comes to substantial gifts in California, formality takes precedence over informality.

If you have any questions about how your personal property or your last anniversary gift may be classified, feel free to contact our experienced family law attorneys at Lonich Patton Erlich Policastri for further information.

Remember that each individual situation is unique. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Mediation: Because Litigation Isn’t Always The Answer

April 2, 2014/in Family Law /by Gretchen Boger

Divorce is rarely fun. Nevertheless, divorce and painful litigation don’t always go hand-in-hand. For many couples, divorce mediation could be the best way to dissolve your marriage, protect your children, and maintain a mature relationship with your spouse.

In family law mediation, a neutral mediator works with a divorcing couple to creatively reach an agreement on some or all of the issues in their divorce. Experienced family law mediators are typically attorneys that understand the legal landscape. A well-versed mediator can help you and your spouse reach a settlement on all aspects of your marriage—financial distribution, child custody, and even child and spousal support.

The mediator does not represent either spouse, but is instead an unbiased facilitator who uses unique strategies that will result in an agreement that meets the needs of both parties. Once all of the issues are covered, the mediator will help the parties create a marital settlement agreement to memorialize their arrangement. At this stage, each party should consult their own attorney to ensure that the agreement is fair and in each party’s best interest. Finally, the agreement is sent to the family court where the agreement will be signed off as an enforceable court order.

Here are just a few reasons why you and your spouse should consider mediating your divorce:

The non-adversarial aspect of mediation can help your and your ex maintain a better, more mature relationship.
Mediation will allow you to keep your “dirty laundry” private, while family law litigation requires parties to discuss their personal issues on the public record.
Because mediation doesn’t require several filings, voluminous court costs, or extensive attorney’s fees, you may be able to reduce your expenses.
Mediation can be much easier on children than family law litigation.
You and your spouse are in charge of the results of your divorce instead of a family law judge.
Mediation may enable you and your spouse to reach an agreement much faster than in typical litigation.

Remember, divorce does not have to involve litigation. At Lonich Patton Erlich Policastri, we provide divorce mediation services to clients throughout the Silicon Valley. Michael E. Lonich facilitates all family law mediations handled by the firm, and he is widely regarded as one of Silicon Valley’s most effective mediators. Michael works closely with parties to help them shape the decisions that will be drafted into the marital settlement agreement. In addition to handling divorce mediations, he has extensive experience in handling business law litigation. He draws on his business background when mediating divorce matters for business owners, executives, foreign nationals and their spouses.

Please note that family law mediation is not recommended for couples with domestic violence issues. If you have any questions about divorce mediation, or divorce in general, and would like to speak to an attorney, please contact Lonich Patton Erlich Policastri for a free initial consultation. Our attorneys can be reached by phone at (408) 553-0801 or through the intake form on our Contact Us page.

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.

Does “Shacking Up” Mean We’ll Be “Splitting Up”?

March 17, 2014/in Family Law /by Gina Policastri

As it turns out, cohabitation doesn’t cause divorce after all – but rather, the age at which you cohabitate determines your risk for divorce. For years, social scientists have linked cohabitation with divorce, cautioning couples to resist moving in together by correlating “shacking up” with “splitting up.” However, recent studies reveal that the biggest predictor of divorce is actually the age at which a couple begins living together, whether before the wedding vows or after.

Previous studies compared the divorce rates of couples who cohabitated with those who didn’t by using the age of marriage as the focal variable. Arielle Kuperberg, a sociologist behind the new studies, used a different variable: Kuperberg compared the relationships using the date of first moving in together. That date, she reasoned, is when a couple really takes on marriage roles, regardless of whether they have a legal certificate. Using this novel method, Kuperberg found no link between whether people had cohabited before marriage and their rate of divorce. She also found that the turning point in age for picking a life partner appears to be around 23, an age that likely coincides with college graduation. “That’s when people are able to pick a partner who is more compatible,” she explains. “Maybe they are a little more mature. They’re a little set up in the world.”

Sociologists also discovered that while moving in may be irrelevant to divorce rates, rushing into cohabitation may have its disadvantages. Sharon Sassler, a sociologist at Cornell University, found that most cohabitors with college degrees move in together only after a long stretch of dating. On the other hand, more than half of the cohabiters without college degrees move in together after less than six months of dating. Sassler explained this phenomenon through financial motivators: financial need seems to push the less well-off into romantic roommate situations before they are ready, increasing the chances that the relationship will dissolve. Therefore, Sassler argues that it is the type of premarital cohabitation that predicts divorce, and not necessarily cohabitation in itself.

If you are interested in cohabitating with your partner and are concerned with your rights in the event the relationship dissolves, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Having a knowledgeable, experienced family law attorney by your side can prove to be invaluable for resolving your concerns. Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and offer a free half-hour consultation.

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

Sources: http://news.yahoo.com/best-predictor-divorce-age-couples-cohabit-study-says-131122832.html?soc_src=mediacontentstory; http://www.foxnews.com/health/2014/03/10/cohabitation-doesnt-cause-divorce-after-all/

Can Your Child Sue You For Child Support?

March 12, 2014/in Family Law, In the Community /by Mitchell Ehrlich

No, your child cannot sue you for child support – not yet, anyway. Recently, 18-year-old Rachel Canning caused a national stir when she sued her parents in a potentially precedent-setting lawsuit: the New Jersey teenager filed a lawsuit against her parents requesting $654 in child support per week, thousands of dollars in attorney fees, and immediate reimbursement of her high school tuition.

Ms. Canning claimed her parents threw her out of their Lincoln Park home two days before her 18^th birthday, whereas her parents insisted the teenager moved out voluntarily. Her father, Sean Canning, explained that his daughter left the family home because she didn’t want to do reasonable household chores, be respectful, or abide by their curfew. Mr. Canning stated that “the whole thing is just destroying our family. We love our daughter. She’s our pride and joy.” A retired Police Chief, Mr. Canning explained that he’s “a liberal, liberal parent… I was tougher on my cops at work than I’ve ever been at my home, that’s for sure.”

Last week, Morris County Court Judge Peter Bogaard ruled in favor of the Canning’s, reasoning that any other decision would set a bad precedent by setting limits on parenting. The court expressed concern that Ms. Canning’s rare case, if successful, could inspire similar suits in the future. Brian Schwartz, chairman of the New Jersey Bar Association’s Family Law Section states that “in my 20 years of practicing family law in New Jersey, I’ve never seen anything like this.” Adds Jeralyn Lawrence, the incoming Family Law Section chair: “This could open the floodgates of recalcitrant kids fighting with their parents, moving out, and then suing them to keep paying.”

To the relief (presumably) of all parties involved, Ms. Canning returned home to her parents and siblings this morning. During this afternoon’s press conference, Ms. Canning’s lawyer said the suit brought against her parents had been settled “amicably,” and that her return home was not contingent upon any financial or other considerations.

Notably, Ms. Canning was not seeking to be emancipated from her parents – her lawsuit was primarily financially driven. With emancipation, minors essentially function as adults in society. Generally, they can attend the schools of their choice, enter into legally binding contracts, purchase a home, keep any income earned from a job, and so on. In court filings, Ms. Canning insisted she was “old enough to do what she wanted” – but perhaps she realized that without anyone bankrolling her endeavors, her options to do whatever she wants at this stage in her life are fairly limited.

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

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

Sources: http://www.foxnews.com/us/2014/03/05/new-jersey-teen-sues-parents-for-support-claiming-was-kicked-out-home/; http://www.latimes.com/nation/nationnow/la-na-nn-rachel-canning-goes-back-to-family-20140312,0,1541517.story#axzz2vmlZmHUm

The “Dirty DUI” Case

March 4, 2014/in Family Law, In the Community /by Gina Policastri

The last of the participants in a widespread police corruption scandal was sentenced last week, finally concluding the saga that has been dubbed the “Dirty DUI” case. For those who haven’t been following the case, former Contra Costa County sheriff’s deputy, Stephen Tanabe, along with multiple other former police colleagues, aided a private investigator in arresting unsuspecting men outside bars for drunken driving. The private investigator’s attractive female employees had lured the men into drinking and driving in a plot to help their wives gain an advantage in their divorce and custody battles.

These elaborate stings were known as “dirty DUIs” and caused significant damage – both personally and financially – for all parties involved. Last week, Tanabe was ordered by U.S. District Judge Charles Breyer to spend 15 months in prison for his role in the scandal, which was notably lighter than the U.S. Sentencing Commission’s guidelines of 21-27 months for the crimes. However, Judge Breyer didn’t elaborate on his reasoning, only stating that the case was unique in his 15 years on the bench.

Another individual implicated in the ring was Mary Nolan, a former San Ramon family law attorney who represented the ex-wives of two men who were arrested for the DUI sting operation. Nolan hired the same private investigator working with Tanabe to wiretap the cars of people she was opposing in divorce and child custody cases. After setting up the spouses of her clients for DUI arrests, Nolan would then use the evidence gathered as leverage in family court. Though prosecutors were initially seeking a 33-month prison sentence, Nolan was ultimately sentenced to two years in prison for evading taxes and for illegally eavesdropping on a client’s spouse. Nolan was also required to relinquish her law license and pay nearly $500,000 in back taxes.

Family law cases are oftentimes emotionally charged and can lead parties to take desperate measures. A knowledgeable, experienced family law attorney can help you legally navigate the system and guide you through this trying time. If you have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

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

Sources: http://www.nbcbayarea.com/news/local/Ex-Contra-Costa-Co-Deputy-Sentenced-in-Dirty-DUI-Case-246253961.html; http://www.sfgate.com/crime/article/Ex-Deputy-Sheriff-Stephen-Tanabe-sentenced-in-DUI-5249741.php; http://www.mercurynews.com/ci_25053072/dirty-dui-attorney-gets-two-years-prison-her

Posts

Mom and Dad Have Something to Tell You: Talking to Kids about Divorce

Billionaire’s divorcing wife wants at least $1 million per month

Surviving The Holidays During A Divorce

“No good marriage ever ended in divorce” – Louis C.K.

A sperm donor who signs a document waiving his parental rights doesn’t have to pay child support, right?

Sometimes Diamonds are Not Forever

Mediation: Because Litigation Isn’t Always The Answer

Does “Shacking Up” Mean We’ll Be “Splitting Up”?

Can Your Child Sue You For Child Support?

The “Dirty DUI” Case

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