joint custody Archives - Lonich Patton Ehrlich Policastri

Parents With Shared Custody Devoting More Time To Childcare During Pandemic

February 24, 2021/in Family Law /by Gretchen Boger

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

Many Parents Are Left Without Childcare

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

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

Parents With Shared Custody May Need to Adjust Their Agreements

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

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

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

How to Alter Your Shared Custody Agreement

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

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.

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.

What is “Sole Custody”?

March 17, 2011/in Family Law /by Mitchell Ehrlich

The term “sole custody” refers to one of California’s several types of child custody arrangements. A parent with “sole custody” may have sole physical custody, sole legal custody, or exclusive custody. Each type of custody arrangement has unique rights that attach to it.

If a parent has sole physical custody, he has exclusive physical custody of the child without having exclusive legal custody. This means that the parent with the sole physical custody has the right to have the child live with him/her, subject to the other parent’s visitation rights (if any). However, a custodial parent who only has sole physical custody is not entitled to make all the important decisions regarding the child.

On the other hand, a parent with sole legal custody is awarded exclusive rights and responsibilities regarding child care decisions relating to health, education, and welfare. However, unless sole physical custody is also granted, the parent does not have sole control over the child’s residence and supervision.

Exclusive custody is a combination of sole legal and sole physical custody. The parent with the exclusive custody has the right to make decisions regarding the child’s residence, health, education, and welfare. The non-custodial parent, however, may retain secondary visitation rights detailed by court order. In addition, an exclusive custody order does not terminate the other parent’s parental rights or due process interest in parenting. The parent without exclusive custody retains the right to seek and obtain custody modification based on a proper showing of changed circumstances.

Please contact our child custody attorneys at Lonich Patton Erlich Policastri for more 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.

What Does “Joint Custody” Mean?

February 9, 2011/in Family Law /by Gina Policastri

“Joint custody” is a complex legal term that can have several meanings. The term may refer to one of California’s several types of child custody arrangements including “pure” joint custody, joint legal custody, or joint physical custody. Each different joint custody arrangement has separate rights attached to it.

First, “pure” joint custody refers to an arrangement where neither parent has sole physical or legal custody of the child. This means that each parent has the equal right to control and supervise the child and to share custodial time with the child.

Second, joint legal custody exists where both parents share the rights and responsibilities of making decisions about the child’s health, education, and welfare. It is important to note that joint legal custody can be granted without granting joint physical custody. This means that one parent may have the right to have the child live with them (subject to the other parent’s visitation rights), while both parents share the responsibility for making important decisions regarding the child.

Third, joint physical custody exists where both parents have the right to have the child present in their home for significant periods of time. Physical custody may be shared so that the child is assured he/she will have continued and frequent contact with both parents.

For more information, please contact our San Jose child custody lawyers at Lonich Patton Erlich 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

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