Orange County Divorce Lawyer Blog

With the baseball season more than half-gone, and their trial date rapidly approaching, this seems like a good moment to check in on one of the state's higher-profile Southern California divorce actions: the case of Dodger's owner Frank McCourt and his estranged wife Jamie.

Some observers have predicted that this may turn out to be the costliest divorce in California history (which, if you think about it, really would be saying something). Whether that proves to be true or not, this Los Angeles divorce has offered the rest of us some insight into the lifestyles of the very, very rich as the McCourts have traded accusations of lavish living on the Dodger corporate tab.

The legal issues of the divorce seem likely to turn on the couple's Marital Property Agreement or, as ESPN calls it: a "seven-page agreement that will, should Frank get his way, leave him with the team and her with a bunch of empty houses." Jamie McCourt has attacked the document's legitimacy for months and may ultimately ask the Los Angeles Family Law Court to void it on the grounds that it specifies an unfair division of the couple's property. The extent to which any of this will affect the (currently third-place) Dodgers is a subject of much heated speculation in the sports media.

For the rest of us, it is all a reminder that a pre-nuptial agreement or other document seeking to divide up assets long before a Los Angeles or Orange County divorce has crossed either partner's mind is not always an iron-clad way of avoiding strife when the marriage finds it way to California family court. This, more than anything else in this increasingly contentious case, is a reminder of the important advice an experienced Orange County family law attorney can offer both before and during a Los Angeles, Orange County or San Bernardino divorce case.

Whether your goal is to head off potential conflict before getting married, or to sort out a couple's complex affairs as a marriage is coming to an end, consulting with a Southern California divorce, annulment and community property lawyer at every stage of the process is essential if you hope to navigate the legal system smoothly.

ESPN.com: FAQ: McCourts, divorce and the Los Angeles Dodgers

Fox Sports: Stingy McCourts should sell Dodgers

The Orange County child custody battle over the girl known as Baby Vanessa took two new turns this week, according to Ohio's media. Earlier this month I outlined the basics of the case: Stacey Doss, a single, 45-year old, Orange County woman, took custody of Vanessa shortly after her birth and, until recently, had been raising the two-year-old here in Orange County. Doss says she was told that the birth mother did not know the identity of the father.

In the months following Vanessa's birth, however, that claim proved to be untrue. The girl's father, Benjamin Mills, who lives in Ohio, sued to regain custody of his daughter claiming his father's rights on the grounds that he never consented to Vanessa's adoption. As I reported on July 5, the father recently won a preliminary round in what is shaping up to be an especially contentious Orange County custody dispute.

And as of this week, as Dayton, Ohio radio station WHIO put it, "and then there were three." The girl's grandmother has now volunteered to raise the child. This may be an attempt by the father's family to counter accusations of domestic violence directed at the biological father by Vanessa's biological mother. According to the Dayton radio report, the grandmother, Rena Jordan, already has custody of two of the father's other children - Vanessa's biological half-siblings. Doss, of Orange County, vows to fight the case "to the U.S. Supreme Court if she has to," according to WHIO.

In a related development, the Dayton Daily News reports that Vanessa's birth mother - who has continued to support Doss' adoption bid - is seeking a domestic violence protection order against Mills, claiming that he recently "came up behind her and grabbed her" in Dayton's main bus station.

It seems fair to say that Baby Vanessa's case will be with us - in both Orange County and in Ohio - for some time to come. It highlights the ways in which adoptions, however well-intentioned, can raise both Orange County father's rights issues and questions about how courts should go about defining the 'best interests of the child'. In any situation like this, consulting with a Costa Mesa or other Orange County custody and visitation attorney at the earliest possible stage is essential, particularly for those fearing that a child's other parent has moved to deprive them of legitimate California parental rights.

Dayton Daily News: Baby Vanessa: Birth mom files for protection order against Mills

WHIO.com: 2-year old Vanessa's grandmother now in custody battle

Several weeks ago I blogged about the instances when a guardianship petition should be filed with the court. Today, I will summarize the duties of a guardian after the court approves the guardianship.

California Judicial Council Form GC-248 itemizes the duties of a guardian. Briefly, some of the duties are as follows:

1) The guardian of the person of a child has the care, custody and control of the child. The guardian is responsible for providing food, clothing, shelter, education and all the medical and dental needs of the child. The guardian must provide for the safety, protection, and physical and emotional growth of the child.

2) The guardian has the full legal and physical custody of the child and is responsible for all decisions relating to the child. The child's parents can no longer make the decisions for the child while there is a guardianship in place. The parents' rights are suspended (not terminated) as long as a guardian is appointed for the minor.

3) The guardian is responsible for the child's education. The guardian shall determine where the child will attend school.

4) The guardian has the right to determine where the child lives. Note: the proposed guardian does not have the right to relocate the child out of the State of California unless the court approves of same.

5) The guardian is responsible for the medical needs of the child.

6) A guardian may obtain child support for the child even after the appointment of a guardian. The parents are still obligated to financially support the child.

7) After the guardian is appointed, the court may require the guardian to allow the parent(s) visitation with the child.

For more information on filing a guardianship action in Orange County or if you would like to explore your options, contact an Orange County guardianship attorney.

Given all the hoopla surrounding the leaked tapes of Mel Gibson ranting and threatening his ex-girlfriend, Oksana Grigorieva, and their minor daughter, it is no surprise that a Los Angeles Superior Court Judge will likely order these two to attend co-parenting classes. It is common for parents involved in high conflict situations to attend co-parenting classes. The Los Angeles Superior Court offers a free educational program called "Parenting Without Conflict" to assist parents who are involved in high conflict to understand the effects of parental conflict upon their children.

The program consists of six (6) consecutive sessions from 3:30 p.m. to 6:30 p.m. At the conclusion of the six sessions, a follow-up mediation session is available and may be required for each parenting partner. The goals of the Parenting Without Conflict program is to accomplish the following:

*Understand their children's reaction to divorce and separation at each developmental stage.
*Understand how conflict between parents negatively impacts their children.
*Develop techniques for successful communication and co-parenting skills.
*Practice and model conflict resolution skills

If you are involved in a high conflict child custody situation, contact a Costa Mesa child custody attorney for more information. It is not a good idea to subject the child to a hostile environment. Sometimes the parents forget get wrapped up in their own emotions that they forget about the welfare of the child. Don't let that happen to your child!

Source: Mel Gibson and Oksana Likely Headed for Co-Parenting Classes

We have all read stories over the last year or two about college students learning the hard way that filling a Facebook page with drunken party photos can be bad for one's job prospects. Facebook, however, is not just for college students anymore and as the social networking site has grown it has also emerged as a both a potential danger zone for troubled couples and a potential resource for divorce lawyers.

As a recent Associated Press article notes, "the American Academy of Matrimonial Lawyers says 81 percent of its members have been involved in cases using social networking evidence." That should not, perhaps, be surprising when one considers that a 2009 survey by the PEW Internet & American Life Project found that 20% of all adults use facebook to flirt.

Such behavior can be a dangerous prelude to an Orange County divorce case, providing material that one's soon-to-be-ex spouse can find invaluable as legal proceedings move forward. As the AP notes, social networking sites can be a goldmine of information for divorce lawyers, in Orange County and elsewhere, who suspect a spouse has been cheating.

There are lessons here for men and women on both sides of any potential Orange County divorce action. One needs to be careful what one puts on the internet for all the world to see (and users of Facebook and other social media networks should pay careful attention to privacy settings - something which, by most accounts, few bother with). More importantly, when making the decision to move ahead with an Orange County, Los Angeles County, San Bernardino or other Southern California divorce the growing presence and complexity of social media networks makes it essential for clients to seek out experienced divorce and family law attorneys who are aware of the importance of modern technology in preparing a case to be put before a Southern California family court judge.

AP via WKRG.com: Facebook Divorce Dangers

NWCN.com: Facebook & Divorce

Resources:
Pew Internet & American Life Project - Social Networking

The continuing soap opera of Reality TV star Jesse James and his porn-star ex-wife, Janine Lindemulder was back, once again, in an Orange County family court last week as the couple disputed custody of their six-year-old daughter. As the celebrity news website Radar Online succinctly put it, "Although both parents love Sunny, they do not trust one another."

As I have noted in several previous posts - see here, here and here - over the last eight months, this Orange County child custody battle has been wrenching and bitter, as well as unusually public. Even as James spent the spring and early summer going through a divorce from Sandra Bullock, he has continued to battle Lindemulder for custody of the couple's daughter - a process that has involved the public trading of some very ugly accusations on both sides.

In the latest round of the ongoing Orange County custody action, Radar Online reports that a court-appointed lawyer told an Orange County Family Law Court that James is a good father. James has had custody of the girl throughout the battle, but the lawyer was assigned to investigate his parenting skills as part of the court case. The lawyer said James was not a perfect parent, and recommended that he attend parenting classes, but also told the court that he should, for now, keep custody of his daughter.

As I have noted in the past, the high decibel celebrity gossip around this case can obscure a deeper truth: that the James-Bullock-Lindemulder battle is not as far removed as it might seem from the sort of break-ups and custody disputes faced by residents of Orange County every day, far from the eyes of paparazzi and celebrity journalists.

Regardless of whether your case is high-profile or not, the very bitterness often engendered by custody battles is the best reason why anyone involved in such a legal action should seek the assistance of an experienced Orange County child custody attorney. With a deep knowledge of California family law, a Costa Mesa custody lawyer can be your most important ally in reaching an Orange County custody agreement that is fair, acknowledges your parental rights and allows you to maintain a major role of your child's life.

Radar Online: Jesse James "Is doing a good job as a father," says court

E! Online: Sandra Bullock Gets Sucked into Jesse's Custody Battle

In California, we do not recognize common law marriages. In an interesting twist over the battle for Gary Coleman's estate, his ex-wife, Shannon Price is now asking the Utah courts to recognize her alleged common law marriage to Gary Coleman. She requests the commencement date to be the date of the divorce filing through Coleman's death. Ms. Price claims that she and Mr. Coleman continued to live together and they also continued to hold themselves out as husband and wife. Coleman most likely had a will in place awarding his estate to his surviving spouse.

It is also interesting to note that Coleman's ex-girlfriend, Anna Gray, contends that a 2005 document awards her Coleman's estate.

Whatever the case may be, a probate court will have to deal with these individuals wanting a piece of Coleman's estate. Since California does not recognize common law marriages and if you and your live-in partner have an agreement that sets forth any "promises" and if those promises are not kept, your best option would likely not be in a family law court. Contact a Costa Mesa divorce attorney to explore your options.

Source: Coleman's Ex Wife wants Common Law marriage recognized

In the latest twist in what is becoming a large - and very public - Southern California divorce proceeding, businessman Elon Musk has published a long essay at The Huffington Post to, in his words, "correct" the public record about his California divorce from ex-wife Justine and his financial situation.

As I originally noted back in May, Justine, a successful novelist, has taken to blogging about her divorce, using the public forum of the internet to defend her contention that the couple's post-marital agreement was "extremely harsh" and needs to be renegotiated. Several weeks later word began circulating in the business press that Musk was essentially broke - subsisting on loans from friends "and spending $200,000 a month while making far less."

In his Huffington Post article Elon Musk, one of the founders of PayPal, seeks to address the image those reports created: of a man so rich that he felt he could not scrape by each month on what, for most Americans, is a head-spinning sum of money. While stating that "I never said... I was "broke" or even that I lacked considerable assets," Musk claims that the vast majority of that monthly figure - $170,000 - is going to the accountants and lawyers working on his divorce-related issues. Another $20,000, he says, goes to Justine each month with the remaining $10,000 covering his own living costs. He also goes out of his way to defend his continued use of a private plane, saying it is essential to his work as head of both SpaceX, a company trying to bring commercial uses to space exploration and Tesla, an auto company that is preparing to launch an all-electric car aimed at consumers.

The on-going, very public, feuding of Elon and Justine Musk is a painful reminder of just how bitter and stressful some Orange County and Los Angeles divorces become. It is also a reminder how important it is to have an experienced Orange County divorce lawyer in your corner when entering this adversarial process. If your ex, or soon-to-be ex, is trying to complicate the California family law and divorce process or turn friends and neighbors against you by putting private details into the public domain, it pays to have an Orange County divorce attorney working on your behalf to correct the distortions.

The Huffington Post: Correcting the Record About My Divorce

It was reported earlier this week that RFK Jr. has filed for divorce from his wife of 16 years, Mary Richardson Kennedy. Mary Kennedy is RFK Jr.'s second wife and they have four children together. RFK Jr. divorced his first wife back in 1994 and they have two children together.

RFK Jr's divorce comes on the heels of the drunk driving incident involving his wife. Mary Kennedy was arrested on May 15 after a police officer witnessed her driving her car over a curb near their home in Bedford. Police report that Mary had a blood alcohol level of 0.11%. The legal limit is .08%. On May 28, Mary was arraigned but RFK Jr. did not appear for said arraignment.

Certainly, alcohol related problems can trigger one spouse to file for divorce. If you and your spouse are experiencing marital problems, divorce may the way out. Contact an Orange County divorce lawyer for more information.

Source: Kennedy Divorce: Robert F. Kennedy Jr., divorcing wife Mary Richardson Kennedy

Looks like Larry King has filed a Request for Dismissal of his dissolution of marriage action from his 7th wife, Shawn Southwick. It was reported that Larry King and his wife are going to work on reconcilation. He was quoted as saying that he looks forward to spending more time with his wife and two kids. Well, good for Larry King and Shawn Southwick! If couples can work on their marriage, then by all means, please do so. This situation also happened to Sean Penn and Robin Wright Penn several years ago.

If a couple decides to divorce and later they change their mind to work on their marriage, it is certainly possible to cancel the divorce process by filing a Request for Dismissal. However, if later down the road reconciliation does not work out, the divorce papers will have to be refiled with the court again. Also, keep in mind that the date of separation will also be changed in light of any reconciliation attempts.

If you and your spouse are considering an Orange County divorce, be sure about the decision you both are making. Contact an Orange County divorce attorney for more information.

Source: Larry King Divorce OFF Shawn Southwick, King back on

So, you and your spouse decide that you want to end your marriage. However, you both cannot deicde whether you want to file for dissolution of marriage or legal separation.

For the most part, most people choose to dissolve their marriage entirely. A judgment for dissolution of marriage terminates the marriage and restores the parties back to their unmarried, single status. Filing for legal separation is also another alternative for people who want to separate their lives like people who file for dissolution. However, those who file for legal separation elect to remain legally married whether it be for religious reasons or other personal reasons such as maintenance of health insurance coverage, qualification for derivative social security benefits, or eligibility to obtain certain military benefits. A judgment for legal separation basically determines the same issues that a judgment for dissolution does except that it does not set a date for termination of marital status. After a judgment for legal separation has been entered, if later down the line you wish to terminate your marital status, a separate action for dissolution of marriage to terminate marital status may be filed.

If you are contemplating an Orange County divorce, please contact a reputable Orange County divorce attorney for additional information.

Wow...last week the internet as a buzz over the plethora of California family law and criminal law issues involving Mel Gibson and his ex-girlfriend, Oksana Grigorieva. Talk about a relationship gone really ugly. Turns out that Mel Gibson is now going to be investigated by the District Attorney for alleged domestic violence, child endangerment and assault with a deadly weapon charges. Gibson's case will be referred to the Los Angeles District Attorney's office for felony review. Again, this is a perfect example of a family law matter that crosses over into criminal law issues. It's very common to see these crossovers. Indeed, typically, if someone is involved in a domestic violence dispute, most likely a temporary restraining order is issued ordering the perpetrator to stay at least 100 yards away from the victim. Often times in emergency situations, the police are called to the scene of the incident and an Emergency Protective Order is issued to protect the victim. In serious situations, depending on the crime, criminal charges will also be filed.

If you have an Orange County domestic violence issue and/or an Orange County criminal law issue and wish to obtain further information about your rights, contact an Orange County family law/criminal law attorney for more information.

Source: Mel Gibson Case Headed to D.A.

Media reports indicate that a Los Angeles County child custody battle looms for rocker Melissa Etheridge as she moves to dissolve her California domestic partnership with Tammy Lynn Michaels.

The details of the California dissolution action - or what we appear to know of them - are in dispute. Celebrity website TMZ.com says that Etheridge's attorney has argued that Michaels should not receive "financial support" from the singer. People magazine, however, reported Monday that Etheridge is currently giving Michaels "$2000 a month and pays household bills including utilities and a car lease," citing a person it, too, describes as Etheridge's counsel.

The couple have been together nine years and are parents to three-year-old twin boys. Michaels is the children's biological mother via an anonymous sperm donor, according to TMZ. The site notes that couple registered as domestic partners nearly a decade ago, but did not formally wed during the four and a half months in 2008 when California allowed same-sex marriages.

If People is correct, a California child custody fight appears to loom for the former couple. The magazine reports that Etheridge "is seeking joint custody of their twins, while Tammy is seeking full custody."

Orange County, Los Angeles and other Southern California child custody disputes are often difficult and emotionally charged. When other factors that may complicate the case are involved - significant assets on the part of one party, a same sex couple or lack of a pre-nuptial agreement, for example - it becomes all the more important that you seek the advice of an experienced Orange County divorce and family law attorney as soon as possible. An Orange County custody lawyer can offer advice tailored to your specific circumstances with an eye on protecting all of your parental rights as a California divorce or dissolution action moves forward.

People Magazine: Attorney: Melissa Etheridge is paying Tammy's bills

TMZ: Melissa Etheridge's Ex files for Custody

A new bill was approved by Governor Arnold Schwarzenegger stating that spouses who solicit the murder of their husbands or wives cannot collect benefits at the time of divorce. The bill was created in response to the story involving Pomona police detective, John Pomroy. Pomroy's ex-wife collected about $70,000 from the California community property estate after she was convicted of soliciting a hit man to murder him back in 2003. In light of the new bill that has been passed, if either spouse solicits the murder of the other spouse, the solictor will not be able to collect half of the community property assets at the time of dissolution. In California, all property acquired by the parties during the marriage with community property funds is divided equally at the time of divorce. All property acquired by gift, inheritance or other separate property source is considered the recipient's separate property.

For more information on filing an Orange County or Los Angeles County divorce proceeding contact an Orange County divorce attorney for more information.

Source: Schwarzenegger approves spouse protection bill

Celebrity websites were abuzz last week with news that Kelsey Grammer's wife, Camille Donatacci, has filed for a Southern California divorce. The couple have been married 13 years and have two children, an eight-year-old girl and a five-year-old boy, according to PopEater.com. The site reports that Donatacci lists "irreconcilable differences" as the reason for the split, and that she "is seeking joint legal and physical custody of the children."

A number of websites claim the final straw for the couple, and spark for their California divorce, was Grammer's alleged failure to phone his children when he was away from home on father's day. The actor responded with a note on his website rejecting that account of the situation and calling it "malicious".

Grammer is best known for his portrayal of the character "Fraiser Crane" on the 80s TV show "Cheers" and its long-running spin-off series, "Fraiser". Donatacci, according to PopEater, once modeled for Playboy and is now a regular on a reality series, "The Real Housewives of Beverly Hills".

Both Grammer's web posting and a statement released through what TMZ calls a representative for Grammer and Donatacci asked that the couple's privacy be respected as the California divorce process moves forward.

That desire for privacy is something that anyone suffering through the emotional ups and downs of a Los Angeles, Orange County, San Bernardino or Ventura County divorce can sympathize with. Even when a California divorce is the best course of action for both parties, that does not mean the process will be painless. This is the point at which an experienced and compassionate Orange County divorce and family law attorney can offer invaluable help, support and advice that can help smooth your path through this complex and confusing legal procedure, while ensuring that your rights under the law are respected at all times.

TMZ.com: Kelsey Grammer's Wife Files for Divorce

TMZ.com: Kelsey Grammer Was Done with Marriage

PopEater: Kelsey Grammer Slams 'Malicious' Father's Day Rumor

In Indiana, a new law now requires Indiana casinos to withhold gambling payoffs to deadbeat parents. The State is now trying to implement an online tracking system that will allow casinos to check the names of people against a separate database of people who owe child support. The program is expected to go into effect in 2011.

The catch is that only those people who win enough money to trigger federal tax reporting forms will have to go through the check. Casinos give W-2G tax forms to people who win $1,200 or more from slot machines. There are other limits for other types of gambling.

Once the new system is online, a casino will check a winner's name when it issues a W-2G tax form. The casino will be able to check a real-time data bank from the Indiana Department of Child Services to see whether the person owes child support. Further, State taxes will first be taken from the winnings.

Indiana hopes to collect $1.2 million once the program is running. A representative states that 300,000 to 500,000 checks of winners will yield only about 400 people who owe back child support.

This sounds like a good idea to me! I previously blogged about the consequences of one's failure to pay California child support here.

If you are faced with an Orange County child support issue, contact a reputable Orange County child support attorney to immediately discuss your options.

Source: Law will hold casino winnings of deadbeat parents

Often times parents do not want to get divorced because they don't want the children to suffer. However, a new study shows that a divorce may actually be good for the children. Namely, parents involved in a high conflict marriage may want to consider divorce to benefit the children. A recent study shows that children of divorced parents who grew up in a high conflict area fared better. From a Costa Mesa family law attorney's perspective, this sort of study makes sense. Parents should always work towards the benefit of the children. If parents are constantly arguing and angry with one another, it makes sense to not expose the children to such hostility. Divorce may be the answer.

If you are contemplating divorce and want to discuss your options, contact an Orange County divorce attorney for further information.

Source: Divorce Not Always Bad for Kids, Study Says

An Orange County mother is preparing to send her adopted two-year-old back to Ohio, where the girl was born, after losing the first round of a child custody battle with the child's birth father. According to television station KABC, Stacey Doss learned late last week that an Orange County family law court is ordering her to return the child, named Vanessa, to Ohio pending a resolution of the California child custody dispute. As the case moves forward Ohio courts will take over jurisdiction, the station reports.

The custody battle began after the baby was born. Vanessa's birth mother was matched with Doss by an adoption agency based in California. According to the station, the baby came to live with Doss in Orange County shortly after her birth. The adoption, however, was never finalized and it later emerged that the birth mother had lied when she claimed not to know who the baby's father was.

Orange County fathers facing similar situations know well that protecting their rights can be a constant struggle within the legal system. A father's rights, however, should not be subordinate to a mother's - and they do not end just because one parent lies to an adoption agency about the other.

The situation surrounding Baby Vanessa is sad and troubling and presents the courts with a number of difficult decisions. Courts are charged with ruling in the best interests of the child, but also have a responsibility to protect the rights of biological parents who have been unjustly denied access to their children. The best chance of obtaining the justice you deserve in an Orange County family law dispute is by enlisting the help of an experienced Orange County child custody lawyer who can fight for your right to have a deep and substantive relationship with your children.

In the case of Baby Vanessa, the child's father says he is looking forward to spending more time with his daughter. It is unfortunate that he has had to resort to the legal system to build and preserve a relationship with his daughter, but with good legal representation this father hopes to protect his rights.

Dayton Daily News: Dayton custody dispute gets national attention

KABC-TV: O.C. adoptive mother loses custody of girl

A few days ago, our very own Orange County Divorce lawyer, David P. Schwarz, was interviewed by Michelle Gile of Channel 2 news about the legal effect of the "no girlfriends to be allowed near children" clause purportedly incorporated in the Tiger Woods divorce settlement.

It is an unusal clause indeed and we do not see it normally in most Judgments and settlements here in California divorce cases. However, it is not uncommon for couples to request the incorporation of such a clause. Unless there is a problem with the girlfriend such that she is abusing drugs, committing acts of domestic violence or engaging in some sort of criminal conduct, such a clause will unlikely be included through a court order. However, that's not to say that if both parties are in agreement with said clause that it cannot be added. Hypothetically, if Tiger agrees to include such a clause, then so be it. From an Orange County divorce lawyer's perspective, we do see problems on enforcing such a clause. For example, how would Elin ensure that Tiger never brings his girlfriends around the kids? How will Tiger move on with his life and perhaps, remarry, if such a clause is incorporated? Most likely, such a clause will not hold up in court.

For more information on divorce, family law, child custody or visitation issues, contact a Costa Mesa divorce attorney.

The situation involving Elizabeth Edwards and John Edwards is not uncommon for couples in distress. Elizabeth and John are separated but they do not intend to file for divorce until someone decides to remarry. For most people, upon one person's infdelity, it would make sense for the other party to want to cut all ties, divorce and move on with their life. Such is not the case for Elizabeth and John Edwards. Elizabeth states that the couple plan to sell their $5.5 million mansion in Chapel Hill, North Carolina because their "dream house" just does not have any meaning anymore.

In divorce proceedings here in Los Angeles County and Orange County, liquidation of a community property residence is normal. It's one step towards resolving the property division aspect of the divorce. However, sometimes, if the couple have minor children, the parent raising the children usually wants to hold on to the house until the youngest child turns 18 so that the child can continue with their education in the environment they have grown familiar to. The less disruption for the child, the better the situation becomes. The Edwards' still have two minor children together. So, it is unknown what the couple intends to do regarding whether they intend to send the two minor children to the same school and/or if they will continue to reside in the same area.

For more information on child custody, visitation or disposition of a community property asset, such as a home, contact and Orange County divorce lawyer for more information.

Source: cbs2news.com Elizabeth Edwards: No Divorce from John Planned

Stemming from a strange case out of Indianapolis, Shannon Ellis became pregnant two years ago to the surprise of her family members. Supposedly, her husband had a vasectomy and they told everyone the vasectomy was reversed, thereby explaining the surprise pregnancy. This story turned out to be false. Truth be told, through DNA testing, Ellis became pregnant by a 14 year old boy. The 14 year old boy is a relative of Ellis' husband. Ellis allegedly coaxed the boy into having sex. The two of them continued to have sex after she gave birth. Presently, Ellis is facing sexual misconduct charges with a minor and could face up to 10 years jail time.

From an Orange County divorce lawyer perspective, questions begin to arise regarding the welfare of the child. If the mother is in jail and the father is a minor, who will be the best person to care for the best interest of the child? The baby is currently in the care of Ellis' husband. However, a child custody battle is pending between the minor's parents and Ellis' husband.

At this stage, I do not know how the Indiana courts will rule with respect to this type of scenario. However, from a California child custody point of view, it would make sense if guardianship proceedings are involved considering the circimstances surrounding the biological parents.

For more information on Orange County child custody issues, guardianship issues or criminal issues, contact either an Orange County child custody attorney or an Orange County criminal law attorney.

Source: Child Custody fight stems from sexual misconduct case