Orange County Divorce Lawyer Blog

In California, there are two types of child custody-- legal custody and physical custody. What is the difference between the two?

Physical Custody:

Sole physical custody means that the child will reside with and under the supervision of, one parent, subject to the court's power to order visitation. Joint physical custody means that each parent will have significant periods of phsical custody. Joint physical custody must be shared by the parents in the manner that ensures the child frequent and continuing contact with both parents, subject to Family Code Section 3011 provisions. Joint physical custody does not requre that exactly half of the child's time be spent with each parent. Marriage of Birnbaum, (1989) 211 CA3d 1508.

Legal Custody

Sole legal custody means that one parent will have the right and responsibility to make decisions regarding the health, education, and welfare of the child. Joint legal custody means that the parents will share that right and responsibility.

Under an order for joint legal custody, either parent acting alone may make decisions regarding the health, education and welfare of the child unless the order specifies circumstances requirng the consent of both parents. An order specifying circumstances must also indicate the consequences of failure to obtain mutual consent. A joint legal custody order may not be construed to permit an action that is inconsistent with the physical custody order for the child unless the court expressly authorizes the action.

For more information on Orange County child custody issues, contact an Orange County divorce lawyer for more information.

Earlier this year, Troy Aikman and his now ex-wife, Rhonda, announced they had split after 10 years of marriage. TMZ reports that the couple's divorce was finalized on April 12, 2011. The couple have 2 minor children together.

Just a few months before the two separated, Troy and Rhonda were already dividing up their acquired assets. In fact, TMZ obtained official documents which show Rhonda gave up her stake in the family mansion in Dallas last November. I suspect that Troy probably bought out Rhonda's interest in said residence. Coincidentally, just a few months later, Rhonda purchased a home in Dallas for approximately $1.5 million.

From an Orange County divorce lawyer's perspective and if this case were litigated in Orange County, the couple would have to resolve issues pertaining to spousal support, child support, child custody, child visitation and property division issues.

It sounds like the couple had an amicable divorce considering there were no leaks to the media until 7 months later. The couple must have amicably agreed to the provisions set forth in their divorce judgment, which is a good thing.

For the sake of the children, its always nice when parties to a divorce can set their differences aside and amicably part ways. Divorce is always stressful so if you can work out your differences, all the better.

For more information on filing a divorce action in Orange County or Los Angeles County, contact an Orange County divorce lawyer for more information.

Source: Troy Aikman-- The Secret Divorce

At our law office, we get a lot of questions as to what mediation entails. This blog post will be devoted to mediation. First, attorneys cannot attend mediation. So, the client and the opposing party are on their own.

Mediation is required whenever it appears that an issue of child custody or child visitation of a minor is at issue, whether it be an initial order or a modification.

Pursuant to Family Code section 3170(a), mediation must be set before or concurrent with the setting of the hearing. A party's failure to mediate may estop him or her from being heard on a custody or visitation request. Marriage of Economou (1990) 224 CA3d 1466. In other words, you must go to mediation before a court will hear your case in a formal hearing.

The duration of mediation is within the court's discretion. When mediation is unsuccessful in resolving child custody or visitation issues, the trial court has met the statutory requirement and has considerable discretion in determining whether the facts and circumstances justify an order for additional mediation. Marriage of Green (1989) 213 CA3d 14.

Pursuant to Family Code section 3177, mediation proceedings must be private and confidential and that all communications from the parties to the mediator are confidential in accordance to the mediator's privilege. Although the court personnel must not disclose confidential information to the public, they may disclose the information to the court if local rules provide for such disclosure. Marriage of Rosson (1986) 178 CA3d 1094.

For more information on mediation and it how it operates through the court system, contact an Orange County divorce lawyer for more information.

In an action for child support in Los Angeles County or Orange County, what will the court require a party to pay as and for additional child support?

Family Code section 4062(a) provides that a court "shall" order the following costs to be paid as additional child support:

1. Child care costs related either to employment or to reasonably necessary education or training for employment skills.

2. Reasonable uninsured health care costs for the children. Except as provided in Family Code section 4063(e), there is a rebuttable presumption that amounts actually paid for the children's uninsured health care needs are reasonable.

From an Orange County divorce lawyer's perspective, child support encompasses relevant child care related costs and reasonable uninsured health care costs.

For more information on child support, contact an Orange County child support lawyer for more information.

In an earlier post, I blogged about a Los Angeles County divorce for reality star, Kim Kardashian. Now, there are several reports swirling around stating that her soon to be ex-hsuband, Kris Humphries, is refusing to sign the divorce papers.

How does effect Kardashian's divorce as a whole? Unfortunately, Humphries cannot refuse to sign documents. California is a no-fault divorce state and if Kardashian wants a divorce, she can get it. If Humphries chooses to not respond to the Petition, Kardashian can still obtain her divorce by filing a default action against him.

From an Orange County divorce lawyer's perspective, it is to Humphries' advantage to respond, finish up the divorce expeditiously and move on with his life. Luckily for these two, they do not have children. Otherwise, they would have to deal with potential child custody, child visitation and child support issues.

Further, thankfully, for Kardashian, she has prenuptual agreement that protects her wealth and assets. From an Orange County spousal support standpoint, since these two were only married for 72 days, Humphries would only be eligible for spousal support for one-half of the length of the marriage or for a period of 36 days.

If you are contemplating filing for divorce in Los Angeles County or Orange County, contact an Orange County divorce lawyer for more information.

Source: So True? So False? Kris Humphries Refusing to Sign Divorce papers?!

Well this comes as no surprise. We all knew this woman was looking to extort Justin Bieber and gain publicity. Reports have now surfaced that Mariah Yeater dismissed her paternity lawsuit last week. Yeater's lawyers apparently dropped the case after receiving a call from Bieber's lawyer threatening to sue.

Additionally, Bieber was prepared to take a DNA test to disprove Yeater's claims.

What is also interesting to note is that Yeater may have also faced statutory rape charges. In the State of California, the age of consent is 18, and Bieber would have been 16 at that time of the alleged sexual encounter, according to Yeater's accusation.

"It's sad that someone would fabricate malicious, defamatory and demonstrably false claims," a rep for Bieber previously told PEOPLE in a statement. "We will vigorously pursue all available legal remedies to defend and protect Justin against these allegations."

From an Orange County divorce lawyer's perspective, taking a DNA test is pretty standard in paternity lawsuits involving potential fathers who are not sure if they are indeed the child's father. Either way, a DNA test is a sure way procedure to find out if you are the father. If so, you could be exposed to potential child support, child custody and child visitation issues.

Contact an Orange County divorce lawyer for more information.

Source: Justin Bieber Paternity Suit Dropped: Report

I guess the rumors swirling around about Ashton Kutcher's one night stand was true. If you haven't heard, Sara Leal alleged that she had a one night stand with Ashton on his 6th wedding anniversary to Demi, causing the media to speculate that Demi and Ashton's marriage was doomed. Indeed, it was announced today that Demi Moore and Ashton Kutcher have decided to divorce after six years of marriage. The couple have no children together.

From an Orange County divorce lawyer's perspective, at the moment it is unknown whether the couple have a prenuptual agreement to protect their assets. If not, one party will be entitled to obtain spousal support from the other for a duration of one-half of the length of the marriage or 3 years.

Although Demi has three daughters with her ex-husband, Bruce Willis, Demi and Ashton will not have to deal with any Los Angeles County child custody or visitation issues as they do not have any children together.

The couple will have to deal with issues regarding property division and attorney fees and costs, should they decide to hire attorneys to finalize their divorce.

For more information on filing a divorce action in Los Angeles County or Orange County, contact an Orange County divorce lawyer for more information.

Source: Demi Moore, Ashton Kutcher to Divorce

Charmed star, Holly Marie Combs, has filed for a Los Angeles County divorce from her husband, David Donaho, after 7 years of marriage.

The couple have been together for more than a decade after meeting on the set of Charmed, with the co-leading lady partnering up with the then-key grip of the production back in 2001. The couple have three kids together, Finley, 7, Riley, 5, and Kelley, 2.

From an Orange County divorce lawyer's perspective, some of the issues that have to be dealt with are child custody, child visitation, child support, spousal support and property division.

We also note that the couple was only married for 7 years, which means the recipient of spousal support will only get support for one-half of the length of the marriage since this is a short-term marriage.

At any rate, if you are considering filing for divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

Source: Holly Marie Combs No Longer Bewitched by Husband, files for divorce

Last week I blogged about a potential paternity lawsuit involving pop star Justin Bieber. Now, sources close to the star claim that he will submit to a DNA test to determine whether he is the father of Mariah Yeater's child. Bieber plans to take the test when he returns to the United States from Europe next week.

Additionally, according to the source, Bieber & Co. intend to not only take legal action against his 20-year-old accuser but also hold her lawyers accountable for what the singer's reps have previously described as "malicious, defamatory and demonstrably false claims."

"We will vigorously pursue all available legal remedies to defend and protect Justin against these allegations," the Bieber camp said in a statement last Tuesday.

From an Orange County divorce lawyer's perspective, in order to prove or disprove whether someone is the father of a child, a DNA test is the way to go. Hopefully we can all have peace of mind once Bieber takes the test so we can all put this behind us.

At any rate, if you have an Orange County or Los Angeles County paternity issue, contact an Orange County divorce lawyer for more information.

Source: Justin Bieber will take DNA test, Source says

The internet and media was a buzz last week about a claiming that the father of her newborn baby girl is pop star, Justin Bieber. Maria Yeater, age 20, gave birth to a baby and claims that they had a quick sexual encounter after a concert, resulting in Bieber being the father of her child. However, Bieber quickly denied said claim, claiming that he has never met the young girl.

Reports are surfacing as to whether Bieber will be forced to submit to a DNA test to prove or disprove whether or not he is the father of the child.

From an Orange County divorce lawyer's perspective, it is possible that the court could order Bieber to submit to a DNA test to get the issue out of the way. Indeed, if Bieber indeed never met Yeater, a DNA test may be the only way to clear his name.

However, Yeater's attorneys state that they have "credible evidence" to prove their case and are seeking a "modest and rightful" settlement.

If Bieber is determined to be the father of the child, Yeater would be entitled to a good chunk of money in child support until the child is no longer a minor. Given the wealth of Bieber, Yeater could potentially receive thousands of dollars in child support.

At any rate, if you are in involved in a Los Angeles County or Orange County paternity lawsuit and would like assistance on any child custody, visitation or child support issues, contact an Orange County divorce lawyer for more information.

Source: Justin Bieber: What Could happen with the paternity suit?

Hillary Adams, now 23 years of age, posted a 2004 video of her father, a Texas judge, beating her on the Internet. Hillary Adams states that violence was a regular occurrence in her family home.

"It did happen regularly, for a period of time, and I could tell, because of the pattern, that things were escalating again," Hillary Adams, now 23, said on NBC's "Today." She said she left her video camera on her dresser recording and covered its light with a scarf in order to capture the video.

Her father, Aransas County, Texas, Court-At-Law Judge William Adams, faces a police investigation and a judicial probe after the graphic video surfaced of him striking his then-16-year-old daughter repeatedly while cursing at her and berating her.

Additionally, last Wednesday, Judge Adams was temporarily relieved of his judicial duties for the next two weeks. According to the office of Aransas County Administrative Judge Burt Mills, a visiting judge will take over his caseload while the matter is being investigated.

In an interview with KZTV outside his Rockport, Texas, home Wednesday, Adams confirmed to a reporter that he was the man beating his daughter with a belt and a board on the video.

From an Orange County divorce lawyer's perspective, this is some damaging footage for this Texas judge beating his daughter. To me, the footage does not appear to be simply a way to "discipline" the child as stated by the father. You can see in the footage that he repeatedly beats her and curses at her non-stop.

Whatever your situation may be, whether it be as disturbing as what transpired in the Adams home back in 2004, beating your child to a pulp is simply not acceptable.

For more information, contact an Orange County divorce lawyer.

Source: Texas judge's daughter: Violence was regular occurrence

J.crew president and creative director, Jenna Lyons, and her artist husband, Vincent Mazeau, are in the middle of a messy divorce after splitting this past summer.

Lyons is one of America's most respected fashion businesswomen, earning around $5 million per year. She has worked with CEO Mickey Drexler at First Lady Michelle Obama's favorite fashion retailer.

Lyons and Mazeau are also fighting over custody of their young son.

What's interesting to note is that reports state that Lyons has fallen in love with another woman, who also works in the fashion business.

Additionally, a source has told reporters that Vincent is seeking the parties' house and a sizeable settlement in the divorce. Vincent is arguing that he gave up aggressively pursuing his career as an artist to stay at home with the baby and allow her to develop her successful career. However, a friend of Lyons said she supported Vincent as an artist, bought him a studio and gave him a life where he didn't have to work every day.

From an Orange County divorce lawyer's perspective, this couple will have to deal with issues relating to child custody, visitation, child support, spousal support and property division. It is no easy task for anyone to go through a stressful and contentious divorce. This is why hiring the right attorney is crucial at every step of the way.

Source: J. Crew exec in messy split

On August 16, 2011, the mother of two small children was killed outside of her sister's home in Boonton, New Jersey. Nazish Noorani was killed in a shooting that authorities said was arranged by her husband, Kashif Parvaiz, and a female associate of his from Boston.

Parvaiz has been charged with first-degree murder and is being held in the Morris County jail on $3 million bail. Parvaiz's mother, Talat Hassan, and his stepfather, Shafiq Hassan, have been the children's primary caretakers.

The children, Riyaan, 5, and Shayaan, 3, as well as their mother and father, had previously lived in Brooklyn with the Hassans, who at first were reluctant to have the children split time with their maternal family.

Now, the mother's brother, Fahim, and her sister-in-law, Asma Begum, sued for temporary custody of the children. Fahim and Asma live in Boonton with another brother and the brothers' 72-year-old father.

With the help of a lawyer from the Children's Law Center whom the court appointed to represent the children, the two families agreed to share time with the children. Judge Michael Katz of Family Court congratulated them for "working out an interim solution" during what has been "an emotional time for everyone."

From an Orange County divorce lawyer's perspective, its good to see that extended family members have worked out their differences and can work for the benefit of the children.

If you have a Los Angeles County or Orange County child custody issues, contact an Orange County divorce lawyer for more information.

Source: Custody deal for 2 families after killing

Well that didn't take long. We knew it was bound to happen but not that fast. It was reported today that Kim Kardashian has filed for a Los Angeles County divorce from her husband of two (2) months, Kris Humphries.

In a statement to E!, Kim states as follows:

"I hope everyone understands this was not an easy decision. I had hoped this marriage was forever, but sometimes things don't work out as planned. We remain friends and wish each other the best."

Kim cited "irreoncilable differences" as the reason for the divorce and even cites the existence of a prenuptual agreement when questioned about the division of California community property. It's a good thing that Kim has a prenuptual agreement in place. Otherwise, Kris would be eligible to receive 1 month's worth of spousal support. A prenuptual agreement is a must if you have assets to protect prior to entering a marriage.

At any rate, I'm not sure if this is some publicity stunt. Did she marry Humphries and have her wedding special air on television for publicity? Wouldn't surprise me.

It's also a good thing that these two don't have children because often times divorces get ugly and nasty if children are involved.

If you are looking to file an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: Kim Kardashian: Why I filed for divorce from Kris Humphries