Orange County Divorce Lawyer Blog

A bill currently being considered by the Tennessee state legislature has attracted the attention of father's rights advocates nationwide, and promises to add new vigor to the debate over California father's rights.

According to a recent article in USA Today, as well as local Tennessee media reports, the proposed legislation would require judges hearing contentious child custody cases to split custody evenly between the mother and father if the parents are otherwise unable to resolve their differences. Father's rights groups across the country have hailed the initiative while, according to USA Today, "an alliance of women's groups, some judges and the Tennessee Bar Association... say the change would make divorces tougher to settle and give abusive ex-husbands leverage they shouldn't have."

The Tennessee controversy echoes the father's rights debate we are currently having here in Orange County and elsewhere in California as our own legislature considers California parental alienation legislation. It is unfortunate that some partisan voices are skewing these legislative debates by implying that Orange County or Los Angeles father's rights advocates are, by definition, attempting to protect the rights of abusers. According to a University of Memphis law professor quoted by USA Today, the proposed law would make Tennessee unique in the nation in "requiring clear, convincing evidence that one parent is unfit before dividing child custody unequally."

The immediate controversy generated by measures like these, be they in California or Tennessee, highlights the importance of having a strong California father's rights lawyer on your side during any Orange County child custody and visitation dispute. It is unfortunate, but sadly true, that many spouses will attempt to paint a biased and unfair picture of the other during an Orange County divorce proceeding. Effective and experienced Orange County legal representation is your best defense in such a situation, where a spouse or ex-spouse may be trying to press a California parental alienation claim against you.

USA Today: Tennessee moves to split custody evenly in messy divorces

WPTY/WLMT Memphis: Bill seeks to evenly split child custody in messy divorces

For the past few days there has been chatter that Beyonce is pregnant with her husband rapper, Jay-Z's child. However, Beyonce's rep confirmed that she was indeed not pregnant. What we can confirm is that Beyonce's father and manger, Mathew Knowles has been determined to be the father of his mistress, Alexandra Wright's baby, Nixon. Last October of 2009, Wright filed a paternity action against Knowles and alleged that she had an 18 month affair with Knowles. Subsequently thereafter, Knowles was ordered to pay temporary child support to Wright in the amount of $8,200 per month.

From an Orange County divorce attorney perspective, now that Mr. Knowles has been confimred the father, his obligation to support his child will continue until further order of court, the child turns 18, turns 19 and is still a high school student, dies, emancipates or marries, whichever occurs first. Several media outlets blogged about whether Knowles' child support obligation would increase given that he was confirmed the father. The answer is no. For the most part, child support is based upon timeshare with the child and the incomes of the parties.

If you are involved in a paternity action in Los Angeles County or Orange County, please contact an Orange County divorce attorney to discuss your rights.

Source: Perezhilton.com Beyonce is a Big Sister Again!
TMZ.com Beyonce's Dad-- You ARE the Father

Jason Kendall's recent troubles are an unfortunate reminder of how a Los Angeles or Orange County divorce can bring unwanted aspects of one's life out into the open - a fact that reinforces the importance of having a talented and experienced Orange County divorce lawyer on your side during any California family court proceeding.

Kendall, a veteran catcher headed into his 15th major league season, has spent spring training trying alternately to explain and to avoid talking about "charges in court papers alleging that (he) is overusing Adderall, a prescription he takes for Attention Deficit Hyperactivity Disorder," according to a recent report in the Kansas City Star (Kendall plays for the Kansas City Royals). The ballplayer and his wife Chantel live in Southern California, and the papers became public as part of their California divorce. The celebrity-tracking website Radar OnLine claims it found the Adderall charge after reviewing "a more than 3,000 page divorce file" on the Kendalls.

The charges are potentially explosive at a time when professional baseball is trying to live down a reputation for taking a lax attitude toward performance enhancing drugs during the 1990s. Radar OnLine's report alleges that baseball players have been seeking prescriptions for Adderall as a way to get around bans on amphetamines.

According to Radar, the couple have been married since 2004 and have two children. Chantel, now reported to be dating the son of rock star Rod Stewart (he appeared with her at a court hearing earlier this month, according to the Star), also has two children from a previous marriage.

The Orange County divorce process can be grueling in the best of circumstances. Picking the right Orange County divorce lawyer is the key first step. An experienced Orange County divorce attorney can work with you to minimize the intrusiveness of the process while at the same time ensuring that any information you and your California divorce attorneys are entitled to is properly disclosed as your case moves forward.

Kansas City Star: Kendall says he won't let 'ridiculous' accusations affect him

Radar Online: Exclusive: Adderall Rage! Baseball player's new drug scandal detailed in player's divorce papers

Shaquille O'Neal and his soon-to-be-ex wife Shaunie are getting divorced in Florida, but, according to a number of media reports, California family law courts will retain jurisdiction over child custody issues.

Since it first hit the news last November the O'Neal divorce has included several twists that are eyebrow-raising even by celebrity standards. As I noted in my original post last fall, the California divorce case broke out into public view when Shaunie left the couple's home in Florida, flew to California, declared herself a resident of the state on arrival and filed for California legal separation the following day. As my colleague, Winiviere Sy, noted in a related post, this episode raised several interesting issues concerning residency requirements and highlighting the differences between the legal requirements governing California divorce and California legal separation.

At the time, most observers assumed Shaunie was attempting to establish residency in the Los Angeles and Orange County area with an eye toward divorce, and the state's community property laws. Shaq appeared to share that view, since his lawyers filed papers seeking to have the case thrown out of California family court on the grounds that the couple did not live here.

According to the latest media reports Shaunie has, in fact, remained resident in California since the original filing and the couple's two children are living with her. According to The Washington Post, the couple have now reached a settlement under which "Florida judges will issue the divorce decree and handle any future property issues; California, where she now lives with their kids, will handle custody issues."

Orange County divorce is rarely simple, and any divorce proceeding involving multiple states is likely to involve an extra degree of complexity. The sooner you enlist the assistance of an Orange County divorce lawyer to help sort through these legal issues the more likely you are to see your case proceed smoothly. An experienced Orange County divorce lawyer can offer advice on the best ways to deal with jurisdiction questions that might impact both a California division of assets and California child custody issues.

TMZ: Shaq and wife reach divorce settlement

Washington Post: Love, etc: Shaq and Shaunie O'Neal finalize divorce

Today, I read a report concerning two elderly Connecticut sisters squabbling over lottery winnings won by one of the sisters, Rose Bakaysa, and another brother. Turns out that Bakaysa and her brother won a $500,000 lottery jackpot back in 2005. Younger sister, Theresa Sokaitis, claims that Bakaysa violated a notarized contract they signed almost a decade earlier to split all future winnings. However, Bakaysa claims the two broke off the deal during a 2004 fight over a few hundred dollars. Sokaitis acknowledged the rift but believed that contract was still in place. You can read more about the story here. A New Britain Superior Court Judge is expected to issue her ruling in the next few months.

From an Orange County divorce attorney perspective, this report got me thinking about the effect of one spouse concealing lottery winnings from the other spouse during a divorce proceeding. Back in 2001, a Los Angeles County trial court ruled in a dissolution proceeding that lottery winnings concealed by wife during the proceedings to her ex-husband, constituted fraud. Marriage of Rossi, 90 Cal.App. 4th (2001).

The Court of Appeal affirmed said ruling. The court found that the funds used to purchase the lotto ticket were from a community property source and that wife's claim that same was a gift was not credible. The trial court found that wife intentionally failed to disclose her lottery winnings in the marital settlement agreement, the judgement and in her declaration of disclosure. She also intentionally consulted with a lottery commission as to how she could deprive her hsuband of a share of the prize, used her mother's address for all communications with the lottery officials and did not disclose samd throughout the divorce.

Continue reading "The Effect of Lottery Winnings in a California Divorce" »

Numerous media reports in recent days have confirmed that a Hollywood divorce is in the works for one of the entertainment industry's power couples: actress Kate Winslet and her husband, director Sam Mendes. Winslet and Mendes are both English and the couple reportedly split their time between Britain and the United States. Though a London-based law firm announced the couple's separation shortly after the Oscars, it remains unclear what jurisdiction they are using for their divorce and, thus, whether or not this is a Los Angeles or Orange County divorce in which California community property laws might come into play.

California divorces are common among celebrities partly because of the entertainment industry's importance to our state and, in part, because California community property divorce laws make the jurisdiction attractive for wealthy couples in which earning power is concentrated with one half of the couple. As I noted in a December post, former Monty Python star John Cleese and his ex-wife Alyce, though both English, went through a Southern California divorce.

According to Britain's Daily Telegraph, Winslet and Mendes' assets include "an eight bedroom manor house" in Britain and a triplex apartment in Manhattan. The newspaper valued their joint fortune at around $50 million. According to ABC News the couple have a son, and are also raising Winslet's daughter from her first marriage.

Child custody and the division of assets are always among the most difficult and complex issues in any Orange County divorce proceeding. For that reason, they are the topics with which many people - famous or not - most require the assistance of an experienced and compassionate Orange County divorce lawyer. For many people, contacting a Los Angeles or Orange County divorce attorney at an early stage can help ease the path through an otherwise difficult break-up. An early consultation can offer potential clients important insight into what to expect as the California family law and divorce process moves forward.

ABC News: Kate Winslet and Sam Mendes to Divorce

BBC: Kate Winslet and Sam Mendes Split

Daily Telegraph: When a marriage made in Hollywood ends in inevitable divorce

I do not intend to be stereotypical or to pass judgment in writing this blog post, but why on earth is there a strong correlation between professional athletes and outstanding child support debt? This is a common trend in many cases that I have come across in Los Angeles County and Orange County, respectively. An Orange County child support attorney can assist in any child support matter you may have.

Indeed, New York Jets cornerback Antonio Cromartie has seven children from six different women spanning five States. The New York Jets picked up cornerback Antonio Cromartie from the San Diego Chargers for a third-round draft pick earlier this month and apparently gave him $500,000 of the $1.7 million he's due to make this season straightaway.

According to the New York Post, Cromartie kept himself out of a San Diego courtroom by taking between $25,000 and $50,000 of that and sending it to one of the six mothers of his seven children. He apparently hadn't been paying off his child support in a timely manner and the huge bundle of cash the Jets fronted him let him get back to where he needed to be.

I previously blogged about the consequences of failing to pay child support, including the possibility of jail time. If you are not in compliance with an existing child support order, you may want to comply forthwith. Otherwise, you have an uphill battle for your refusal to pay. Consult an Orange County child support attorney for more information.

Source: Jets Cromartie pays off child support

Many times there is an overlap between criminal law matters and family law matters. A Los Angeles County or Orange County divorce attorney can assist you in any of said matters. Today, a Los Angeles jury is deliberating a case of a man who allegedly tortured his estranged wife until she signed divorce papers.

Mohammad Hanafi, 58, of Hawthorne, is charged with kidnapping his wife, Raisa Hanafi, and torturing her by gagging her and drugging her, authorities said. He also allegedly forced her to sign over her assets in divorce papers. Further, Raisa Hanafi was confined for five days before she was able to escape, according to court documents. From an Orange County family law perspective, this is a clear example of one spouse's use of coersion, fraud, duress and/or undue influence to gain an unfair advantage. Further, it is also a clear example of one's breach of fiduciary duty. I have no doubt that any Judgment or Marital Settlement Agreement signed by the disadvantaged spouse would be set aside.

During the criminal trial, Hanafi's attorney denied that he tried to kill the woman. Nevertheless, Raisa Hanafi testified that the men threatened to cut her up and feed her to dogs. She also said the men shocked her with a Taser.

If you are involved in a stressful situation or being pressured by your soon to be ex-spouse to sign any legal documents you are uncomfortable signing, please consult an Orange County or Los Angeles County divorce attorney for advise.

Source: L.A. Now: LA Jury deliberating case of man charged with torturing wife until she signed divorce papers

Whether you are a resident of Los Angeles County or any City in Orange County, a competent and reputable family law firm will be able to assist you in any California family law matter you may have, including but not limited to domestic violence.

On Sunday, March 14, 2010, it was reported that Newport Beach City Attorney, David R. Hunt, age 52, was arrested for being involved in a domestic dispute. Police arrived at 8pm on Sunday evening to Mr. Hunt's home in Santa Ana on suspicion of felony spousal battery. Officers learned Hunt got into an argument with his 18-year-old son, but when his wife intervened, she was assaulted.

Hunt's 49-year-old wife was taken to a hospital suffering from a laceration to her arm and a large bump on the back of her head, Bertagna said.

The officer indicated that it was unclear what the argument was about and whether or not the couple's son was injured.

This situation is a perfect example of how a domestic dispute can turn into a criminal issue. If you have a family law domestic dispute or a criminal dispute, contact an Orange County domestic violence attorney.

Source: OC Register: City attorney arrested in spousal abuse

Back in January I wrote about the impending court date for a California child custody dispute involving a lesbian couple who had twins via artificial insemination, but split up shortly after the boys' birth. The case was complicated by the fact that the birth mother soon became romantically involved with the sperm donor - the children's biological father.

According to a recent report in the Santa Cruz Sentinel a California custody agreement has been reached in the case under which both women will maintain joint custody of the twins. The newspaper reported that "it is not clear" whether the biological father "was granted any paternity rights in the settlement."

This case was particularly complex for several reasons. The lesbian couple had been through a commitment ceremony and were both listed as parents on the birth certificate (the boys carry both women's surnames). While they never registered with the state as domestic partners they were listed as such on insurance documents, and the birth mother's delivery was paid for by her partner's health insurance. The couple also failed to create any legal document specifying either their own California parental rights or the California father's rights, if any, of the sperm donor prior to the babies' birth.

According to the Sentinel, the former couple reached a settlement recently mainly because the birth mother felt further publicity would harm the boys and wished to avoid mounting legal fees. Her California family law attorney emphasized in an interview with the paper that the birth mother "definitely hasn't changed her opinion" on whether her former partner actually deserves any paternity rights. The newspaper reports that lawyers for both sides refused to discuss most details of the settlement, citing a confidentiality agreement.

This emotionally wrenching case highlights the importance of experienced and compassionate legal representation in Southern California child custody cases. An Orange County custody lawyer with extensive experience in the evolving areas of California family law can be an essential ally if you are facing a Los Angeles, San Bernardino or Orange county child custody dispute that does not fit the traditional California family law mold.

Santa Cruz Sentinel: Former lesbian partners settle paternity suit

In order to avoid the pitfulls of divorce and consulting a Los Angeles County or Orange County divorce attorney, I came across a recent article on things to consider prior to getting married. Certainly, you do not want to plan for your divorce while you are planning for marriage, but it's really not a bad idea. With the spike in the divorce rate in Orange County and its surrounding cities, such as Costa Mesa and Huntington Beach, here is some food for thought prior to tying the knot.

Do you know ANYONE who is planning marriage? Are they getting good pre-marital counseling, which includes financial counseling? If not (or perhaps even if they are), send them to this post. This Three Step approach is meant for them.

Step One: Take This Quiz
Print out two copies of the following questions, then each of you answer them in writing. Do this in separate rooms or separate houses; just be sure to take your time and think through each answer.

How would you prioritize the following choices: getting out of debt, paying off house, investing for retirement, establishing an emergency fund?

How much money would it be OK to spend without discussing it with my spouse?

Do you think, upon marriage, you two should have separate checking accounts or joint accounts?

How would you feel about borrowing money from parents?

Do you currently balance your check book?

Upon marriage, which of you should balance your check book?

Do you currently live on a written budget?

How much debt do you currently have? What kind of debt?

How much debt and what kind of debt would be OK in your marriage?

Are you in favor of a pre-nuptial agreement? If you answered "Yes", explain your answer.

What is your credit score?

Have you ever NOT paid your bills?

Have you ever co-signed a loan? Had a loan co-signed?

Upon marriage, what would your short term financial goals be?

Upon marriage, what would your long term financial goals be?

What is the stupidest thing you have ever done with money?

What financial secrets does your fiancé not know about?

Which of these three best describes you: tightwad, average or spendthrift?

Which of these three best describes your fiancé: tightwad, average, or spendthrift?

Continue reading "Things to Consider Prior to Marriage" »

Your consultation with a Los Angeles or Orange County divorce lawyer is only the first step on what can often be a long, and indirect, road. A reminder of this truism came from the celebrity world last week when 80s pop star Chynna Phillips withdrew her Los Angeles County divorce petition and, apparently, got back together with husband Billy Baldwin. This flip-flop was remarkably quick, even by celebrity standards. According to E! Online, a spokeswoman for Phillips confirmed that the Southern California divorce petition, filed on a Friday, was withdrawn the following Monday.

Santa Barbara-based Phillips and Baldwin have been married for 18 years, according to the celebrity-tracking website PopEater. Phillips has recently returned to her family after a stint in rehab but, according to E!, her decision to change her mind after filing for California divorce came as a surprise to Baldwin. The couple have three children, ages 10, 8 and 5.

The Phillips/Baldwin split/reunion is a reminder that the path to a Los Angeles or Orange County divorce is just as likely to be circuitous as it is straight. Ending one's marriage is a momentous, and often difficult, decision; one that should not be taken lightly. Consulting with an Anaheim, Orange or Costa Mesa divorce lawyer does not oblige anyone to move ahead with a California divorce. It can, however, be especially helpful as a way of getting an initial sense of where you will be personally and financially should you go ahead with an Orange County Divorce petition. Contacting an Orange County divorce attorney does not oblige you to break up with a spouse - but it is a crucial step if you suspect a break-up may be coming.

PopEater: Chynna Phillips Withdraws Billy Baldwin Divorce Papers

E! Online: Chynna Phillips and Billy Baldwin Divorcing! Oops, False Alarm

California parental alienation has been the subject of competing columns in recent issues of the Sacramento political newspaper Capitol Weekly. Interest in the issue has been spurred by the introduction of a bill in the State Assembly, AB 612. The bill declares California parental alienation to be an "unscientific theory" and, if adopted, would bar California family courts from considering parental alienation as part of custody hearings.

AB 612 was originally introduced early last year and began making its way through the legislative process before being set aside over the summer. According to the legislature's online bill tracking system, the first hearings on the measure were cancelled last July at the request of the measure's sponsor, Assemblyman Jim Beall (D-San Jose). The bill is not, however, dead and is scheduled to be considered by the California Senate's Judiciary Committee later this spring.

The competing articles in Capitol Weekly lay out the two sides of the issue in forceful language. The measure's supporters reject the entire idea of parental alienation seeing it, in essence, as a legal fig leaf designed to return battered children to the custody of an abusive parent.

California parental alienation advocates, however, oppose the measure. They argue that while no one favors child abuse, it is ridiculous to suggest that parents involved in contentious California divorce proceedings do not sometimes attempt to poison their children's attitudes toward the other parent.

The anti-AB 612 column in the Weekly also notes that a number of legal and judicial professional organizations have expressed opposition to the measure, including "the Judicial Council; the California Judges Association; the Family Law section of the State Bar; the California Psychological Association; the Association of Certified Family Law Specialists; the Association of Family Conciliation Courts; and numerous others." Legal and judicial organizations have voiced concerns over any measure that would limit the scope of information a judge is able to consider during a California custody hearing.

Continue reading "California Parental Alienation Emerging as Issue in Legislature" »

Another tale of an international child custody battle now focuses on the case of Orange County's own Andrew Ko and his 9 year old twins.

In August of 2009, the divorced father tossed around a football with his 9-year-old twins, Christopher and William, after visiting their grandmother in Newport Beach, California.
The next day, Aug. 30, he played basketball with them before their piano lesson. Their mother, Mei Wang, came by at 6 p.m. that Sunday to pick them up. Ko did the "1, 2, 3" routine with his sons: a tap of foreheads, kisses, and then hugs. "See you Wednesday!'' he told them. He didn't.

On Aug. 31, 2009, when the twins' mother was supposed to take her sons to school, Wang, 45, instead put them on a plane and fled with them to her native Singapore - defying a court order and launching her ex-husband on an international crusade to get them back.

Continue reading "Custody Battle surrounds Orange County's Andrew Ko" »

The US Supreme Court has declined to hear a California child custody case dealing with the parenting rights of a lesbian couple who separated shortly after the birth of their daughter. The Supreme Court's decision not to rule on the California child custody and parental rights dispute leaves intact a state court ruling which held that the biological mother's former partner "had been fully involved in conceiving and taking care of the child and was legally her co-parent," according to a recent report in the San Francisco Chronicle.

California parental disputes involving same sex couples are an area of the law that is still developing. In this case, according to the Chronicle, the parents of the now six-year-old girl split up only three months after her birth. The birth mother, who has since moved to Texas, argued as part of the California child custody dispute that her former partner had only been involved with the child for a few months and that acknowledging parental status would infringe on her rights as a mother.

The state court ruling, which stands because of the Supreme Court's refusal to hear the case, held that the ex-partner had gained California parental status through her involvement in planning the child's conception and delivery and in acting as the child's parent before breaking up with the biological mother. It noted that a man in a heterosexual relationship in which the circumstances were otherwise similar would be considered the father under California family law.

The Chronicle quotes the partner's attorney praising the court's decision, saying it "shows that California courts will protect both members of a same-sex couple who decide to have a child together." The paper said that attorneys for the birth mother were unavailable for comment.

The circumstances of every Southern California family law and child custody dispute are unique. When a relationship - especially one involving children - goes sour it is important to consult a Los Angeles, Orange County or San Bernardino County child custody lawyer as soon as possible, regardless of whether or not the partners have ever been legally married. An experienced Costa Mesa or Anaheim family law attorney will be abreast of both California family and child custody law and of any nuances that apply to your particular case.

San Francisco Chronicle: Lesbian mom must share parental status with ex