grandparents rights Archives - Lonich Patton Ehrlich Policastri

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.

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…

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.

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.

If You Think a Child Can Have Only Two Parents, Think Again.

January 31, 2014/in Family Law /by David Patton

As of the first of this year, some new and exciting changes have occurred in California family law. Last fall, Governor Brown signed bill SB 274* which allows children to have more than one parent. The court will grant parentage to multiple parents where it is determined that having only two parents will be detrimental to the child.

The law, now part of the California Family Code, directs the family court to consider all relevant factors, including, but not limited to, the harm of removing a child from a stable home with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. For example, this would allow a child to remain legally connected to both of his natural parents while creating a new legal connection between him and his aunt who has cared for him for a significant amount of time.

With this law, the court can allocate time and custody of the child among all of the legal parents. As always, what is in the best interests of the child is what controls the court’s decisions. This is the same for child support. In the end, Governor Brown acknowledged that in some situations, a child can benefit from having the care and support of three or even four parents. This is a major departure from previous laws which only allowed each child to have two legal parents. Now, there are more people who will have standing in family law proceedings in regards to certain children.

If you are interested in petitioning for parentage of a child, or are dealing with other family law issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your divorce or custody issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you 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.

http://articles.latimes.com/2013/oct/04/local/la-me-brown-bills-parents-20131005

*SB 274 is now operative as of 1/1/14.

Grandparents Have Visitation Rights, Too!

November 14, 2013/in Family Law /by Gretchen Boger

Popular television personality Bethenny Frankel is waging a full-blown (and very public) divorce and contentious custody battle with her soon-to-be-ex-husband – and her newest attack on Mr. Hoppy is not regarding him, but his parents: she wants to limit the grandparents’ time with her three-year-old daughter, Bryn. So does this mean that Bryn, who reportedly has a very strong bond with her grandparents, will be unable to see them in the future without Bethenny’s consent?

In California, grandparents have no absolute right to visitation with their grandchildren. In some cases, however, grandparents may have the right to visit their grandchildren even over the objection of the children’s parents – but the courts will begin with the assumption that the rights of the parents supersede those of grandparents. This is because parents have a fundamental right to the care, custody, and control of their children. However, there are a number of situations where the courts may grant grandparents visitation rights:

One parent has died and the remaining parent refuses to let the grandparents visit.
The parents are divorced.
The child does not live with either parent.
Visitation is deemed by the court to be in the best interest of the child. Visitation is deemed by the court to be in the best interest of the child.

Furthermore, grandparents generally cannot file for visitation rights while the grandchild’s parents are married. However, there are a number of exceptions, including:

The parents are living separately;
A parent’s whereabouts are unknown (and have been for at least a month);
One of the parents joins the grandparent’s petition for visitation;
The child does not live with either of his or her parents; or
The grandchild has been adopted by a stepparent.

Grandparent visitation issues are complex. At Lonich Patton Erlich Policastri, we are committed to working with grandparents to help them maintain access to their grandchildren. Our attorneys typically handle two types of grandparents’ rights cases: those involving the custody of grandchildren and those involving grandparents seeking visitation rights. If you have any questions about grandparents’ rights, 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 are happy to offer you a free consultation.