• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu

Posts

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.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Lonich Patton Ehrlich Policastri2016-11-14 10:54:322021-12-22 20:11:16The “Brangelina” Custody Battle

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

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2011-02-09 09:14:122021-12-22 21:54:55What Does “Joint Custody” Mean?
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

0 + 1 = ?

Link to: Contact Us

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

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

DISCLAIMER

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

About | Why LPEP | Contact | Blog

© 2023 Copyright Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Scroll to top

LPEP COVID-19 Office Protocol