visitation Archives - Lonich Patton Ehrlich Policastri

What Parents with a Disability Need to be Aware of in a Divorce

June 1, 2017/in Family Law /by Michael Lonich

Parenting while going through a divorce is hard, but also having a disability adds a new level of complexity that makes it is easy to feel overwhelmed and deflated. This is why it is so important to have a competent lawyer who will advocate for your parentage rights effectively and with care.

The thought of having parentage rights taken away will make any parent’s heart drop. But the chances of a disabled parent facing this nightmare is almost a guarantee. According to the National Council on Disabilities the removal rates of children from disabled parents are dispiriting. For children with psychiatric disabled parents the removal rates were between 70% and 80%; parents with intellectual disabilities were 80%; and parents with physical or sensory disabilities experienced high removal rates and loss of parental rights, as well.

If you are a disabled parent facing divorce or a child custody battle, it is important to find a lawyer who is sympathetic to your situation, who understands your condition, and will be effective in their advocacy for you. This is crucial because there are many unfortunate challenges a disabled parent can face in court.

Disabled parents may experience bias or speculation regarding best interest determinants. When dealing with a child, the court’s main objective is to produce a result that is in the child’s best interest; and a parent’s disability will be considered.

There is also a “no harm” requirement when determining a child’s best interest scenario, where the court factors the mental and physical health of all individuals involved to determine if there is a potential chance for harm to occur to the child. With this requirement, there is no obligation to show that the parent’s disability is actually causing, or will cause, any harm to the child or their environment. This can clearly disfavor any parent dealing with a disability.

If you are a parent who has a disability and is facing a divorce or custody battle, securing knowledgeable and effective counsel is imperative. There are a few key characteristics you should look for your future lawyer.

Of course, a knowledgeable lawyer in family law and child custody is a must, but you also want one who will focus on your parenting abilities and strengths. Your attorney needs to understand the specifics of your diagnosis in order to better advise and understand you. By being knowledgeable on your disability’s characteristics your lawyer will be more equipped to advocate on your parenting strengths and abilities. Finally, you want to find a lawyer who apprehends the benefits and pitfalls of various parental evaluations. Overall, your lawyer should give you assurance that your parental rights are protected and that you are given a fair opportunity to raise your child.

If you are considering a divorce or legal separation and would like more information about child custody and parental disability, please contact the experienced family law attorneys at Lonich Patton Erlich Policastri.

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.

Parenting Plans for School-Aged Children After Divorce

May 24, 2017/in Family Law /by Michael Lonich

Children are undoubtedly important members to a family, but when they are caught in the middle of a divorce short and long-term consequences can occur.

Since school-aged children are more mindful than younger children, they are more likely to be affected by a divorce. Thus, in order to limit the negative effects a divorce will have on your child, an agreed upon parenting plan is key.

Having your child affected by disagreements with your ex should never be a goal. Therefore, it is helpful for both parents to set out ground rules in advance. Make sure you both come to an understanding for acceptable behavior by each around your child.

Life is also uncertain, so in the event of an emergency is it important that the other parent knows of changes to phone numbers, work information, or home addresses as soon as possible. In addition to being notified of important contact information, each parent should have access to your child’s school and medical records and allowed to be contacted by your child’s school.

Keep one another informed about your child’s life and school. Education, sports, music programs, and other events are important to your child during this age. It is important for you and your ex to agree upon specific school or extracurricular events each will attend; either alone or at the same time. Remember being present at your child’s events will give them a sense of support in an otherwise turbulent time.

Additionally, clarity and order in a schedule is going to become the best asset you can provide your child. Figuring out a schedule on how you and your ex will handle exchanges, custody, and visitation should be a high priority on the list of “To Do.” These situations are stressful, but exchanges and transitions between homes can be especially hard for children when not carefully handled. Create a consistent weekly or monthly schedule in advance. This schedule should be clear on when and where your child is staying including where the child will spend summer vacations and holidays. Having a consistent schedule in advance allows your child to acclimate to this new lifestyle and will help other areas in their life to become less disturbed. Yet, some terms of divorce can make this objective difficult or even impossible to obtain without the aid of attorneys.

Above all, your child’s comfort should be a main objective. Make sure each home the child is staying at is equipped with all their necessities. This will help them feel secure, cared for, and comfortable. Some things to always keep stocked are: extra set of clothes; favorite books, toys, or games; and specific childcare supplies or medication.

If you are considering a divorce or legal separation and would like more information about how to create a parenting plan suited to your child’s needs, please contact the experienced family law attorneys at Lonich Patton Erlich Policastri.

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.

Grandparents Have Rights Too: Grandparent Visitation

November 11, 2016/in Family Law /by Mitchell Ehrlich

The relationship between a grandparent and a grandchild can be one of great happiness and importance for both the grandparent and grandchild. However, sometimes events such as divorce or a parent’s death may strain loving relationships between grandparents and their grandchildren. As a result, the grandchild’s parent(s) may block any further contact with grandparents. However, all 50 states now have some type of grandparent visitation law that allow grandparents to ask the court to give them the legal right to maintain their relationships with their grandchildren.

In California, a statute grants visitation rights to grandparents only when they have a preexisting relationship with their grandchild “that has engendered a bond such that visitation is in the best interest of the child.” Cal. Fam. Code § 3104. In addition, the statute directs the court to balance the interest of the child in visitation with his or her grandparent against the right of the parents to exercise their parental authority. Id. Finally, the statute provides a rebuttable presumption that grandparent visitation is not in the best interest of the child if the parent objects.

However, in a recent case, Stuard v. Stuard, the Third District found that even though Family Code section 3104 provides a rebuttable presumption that grandparent visitation is not in the best interest of the child if the parent objects, the parent’s right is not absolute. Stuard v. Stuard (2016) 244 Cal. App. 4th 768. According to the Stuard court, the law “reflects a legitimate state interest in preserving an already existing grandparent-grandchild relationship that is threatened but in the best interest of the grandchild to safeguard.” In other words, even though there may be rebuttable presumption, it may be overcome. The grandparents will need to show in some detail what it is that they add to the grandchildren’s lives, not just a general statement that they have a close relationship with the children and that continuing that relationship is in the best interest of the child.

In a time when families are constantly changing, grandparent visitation laws have become increasingly significant. If you have any questions about grandparent visitation 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.

Independent Evaluations: Could Denying Your Child Junk Food Affect Child Custody?

January 21, 2014/in Family Law /by Gina Policastri

Shockingly, it could. A recent Associated Press article* highlighted the scary truth about third-party evaluations and their effect on child custody disputes. In the case of the Schorr family, Mr. Schorr had a disagreement with his 5-year-old son over where they would eat dinner. The 5-year-old wanted McDonald’s, but Mr. Schorr felt that his son was eating too much junk food. Naturally, a tantrum ensued and Mr. Schorr issued an ultimatum—no McDonald’s or no dinner—period. The stubborn child decided he would rather not eat than choose a healthier alternative, so Mr. Schorr took the child home to his mother who had physical custody of the child.

In response to this incident, the child’s mother alerted the court of the disagreement. In turn, the court hired a psychologist to evaluate the situation, and that psychologist determined that Mr. Schorr was incapable of caring for his 5-year-old son. As a result, the psychologist urged the court to curtail Mr. Schorr’s visitation with his son, the court concurred. As a father, Mr. Schorr had no idea that denying his son junk food could eliminate his visitation time with his son.

In family law, it is important to know that persons other than the judge can have a significant impact on your case. In the event of a dispute, the court can appoint psychologists and other professionals to determine what is in the child’s best interests. The court will give deference to these court-appointed experts.

It is therefore very important to make a good impression with the evaluator. If you do not obtain a favorable recommendation, you can hire your own expert to rebut the recommendations. In the case of Mr. Schorr, he ultimately filed a defamation lawsuit against the court-appointed expert and likely brought in his own psychologist to dispute the damaging determination.

The family lawyers at Lonich Patton Erlich Policastri, LLP have a wealth of experience in child custody cases and know a number of qualified evaluators that could make a difference in your case. If you have any questions about child custody, 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.

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.

*Jennifer Peltz, “Suit: NY dad criticized for denying son McDonald’s”, Associated Press, Nov. 8, 2013.

Kelsey Grammer wants to split siblings in divorce- Not entirely unprecedented

June 9, 2011/in Family Law /by Mitchell Ehrlich

Media outlets reported that actor Kelsey Grammer, who is embroiled in a contentious divorce with his third wife Camille Grammer, put together a proposal in which the parties would live in separate parts of the country (he in Chicago, Camille in California) and they would each have primary custody of one of their two children; splitting up the siblings.

While not entirely unprecedented, it would be difficult for Mr. Grammer to convince a judge or custody evaluator that it would serve the children’s best interests to split up their two children and have each live thousands of miles apart.

In fact, based on the appellate court decision in Marriage of Williams (2001) 88 Cal. App. 4th 808, Mr. Grammer is unlikely to prevail. In Williams, the court held that California policy affords strong protection to sibling relationships and that—absent compelling circumstances, such as extraordinary emotional, medical or educational needs—an order separating siblings between custodial households ordinarily will be reversed as detrimental to the children’s best interest.

While Mr. Grammer’s arguments in favor of splitting up the siblings are not known, he would face a difficult challenge in this instance.

The Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex and heavily disputed custody issues. If you are in the midst of a custody dispute involving multiple children or if one might arise soon and you are concerned about the possibility of your children being separated from his or her siblings, please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri, who can provide you with an in depth analysis of your issues.

Mother’s Cancer Prognosis Results in Difficult Decision in North Carolina Custody Case

May 31, 2011/in Family Law /by Mitchell Ehrlich

A judge’s difficult decision in a North Carolina custody case is garnering national attention and criticism and raising questions of what it means to be an unfit parent. Durham County Judge Nancy Gordan ruled that because Alaina Giorano has Stage IV breast cancer and her prognosis is uncertain, her children, 11 year old Sofia and 5 year old Bud, must move from Durham to Chicago to live with their father. She wrote: “The course of her disease is unknown. Children who have a parent with cancer need more contact with the non-ill parent.” The judge also noted that she ruled in favor of the father because he is employed in Chicago and is the family’s sole breadwinner. Theoretically, Ms. Giordano could also move to Chicago to live closer to the children since she is unemployed, but she is undergoing treatment at Duke University and is not inclined to look for a new treatment team since her health is currently stable.

Ms. Giordano is appealing the ruling, and is gathering support from many across the country. Over 7,000 people have signed an online petition urging North Carolina Governor Bev Perdue to overturn the decision. Ms. Giordano has also appeared on the Today Show, where she told Matt Lauer,”I think it is a dangerous ruling for me and my children and how it will affect us, but also for people all over the world with cancer. This is a bad precedent.”

This ruling is sparking a heated debate between commenters on online articles about the case. Many feel that it is unfair to use a cancer patient’s diagnosis against her to deny custody of her children and feel that the children will be traumatized when taken away from their mother during her time of need. Others believe that the ruling is in the children’s best interests, so that they are shielded from the difficulty of their mother’s illness.

Although the above case was decided in North Carolina and of questionable wisdom, the issue of a parent’s physical health and disabilities can be a factor in custody cases and has been addressed by California courts as well. The most prominent Supreme Court case on this issue, In re Marriage of Carney (l979) 24 Cal. 3d 725, 598 P.2d 472, provides that a parent’s disability cannot be the sole basis upon which custody is denied.

However, Carney has been repeatedly cited by non-disabled parents who continue to argue that the court can still consider the health or disability of a parent as one of the many factors in considering whether a child should be in the custody of disabled parent.

To bolster the rights of disabled parents, in late August 2010 California Governor Arnold Schwarzenegger signed SB 1188 into law (effective January 1, 2011 and now California Family Code Section 3049). This law shifts the burden of proof onto the parent who raises the disability. It is hoped that Family Code section 3049 will afford disabled parents greater protection in California family law cases by making it more difficult to use their disability to alter custody or visitation orders.

If you have questions about child custody or visitation and would like to speak with an experienced Family Law Attorney, please contact 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.

Grandparent Visitation Rights

April 19, 2011/in Family Law /by David Patton

A grandparent may seek visitation rights even if there is no parental custody case pending in court. A court’s jurisdiction over this issue may be invoked in a separate action brought on the grandparent’s behalf. In order for grandparents to seek visitation privileges, they must first meet a two-part test.

First, the grandparent must have a preexisting relationship with the grandchild so that visitation would be in the child’s best interest. Second, the court must balance the child’s interest in grandparent visitation with the parents’ rights to exercise parental authority.

For more information about grandparent rights, please contact us. 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.

Key Tips for Amicable Co-Parenting With Your Ex-Spouse

February 10, 2011/in Family Law /by David Patton

Divorces can be very stressful times when soon-to-be-ex spouses are harboring resentment and anger towards one another. At the end of a divorce, the question remains, how do resentful ex-spouses work together to raise children? An article published by CBS earlier this year discusses the answer to this question by providing various tips for helping divorced parents effectively and cordially co-parent their children.

The first tip is simply to be respectful. As divorced couples share time with their children, it is very important to treat the other spouse with respect and model positive conflict resolution for your children to observe. Tearing your ex-partner down will only cause conflict and can cause your child to start harboring resentment.

The second tip involves keeping the kids out of the conflict. Remember, they did not ask to be put in this situation so you should not make them choose sides. In addition, don’t put your child in the position of being a messenger. This is confusing for the child and can affect their feelings toward either parent.

The last tip focuses on maintaining good communication. It is important to commit to sharing information with your Ex-spouse about your children and checking in on what is going on in their lives when they are not in your home. Also, it is good to communicate so that you maintain consistency in both homes in order to make your children’s transition much easier. For the full article please visit CBS.

For more information about California divorces, please contact us. 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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