Orange County Divorce Lawyer Blog

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

A Southern California family court in Los Angeles refused Friday to restore California child custody to a father whom Mexican authorities suspect may have been involved in his wife's murder, according to the Associated Press. The two children of Bruce Beresford-Redman, a former producer of the hit TV show Survivor, and his late wife Monica have been living with their paternal grandparents. The grandparents currently have temporary custody of the five-year old girl and three-year old boy.

According to the AP the grandparents had petitioned the Los Angeles family court to restore custody to their son, the children's father. The court rejected both that request and a request by the mother's family that temporary custody be awarded to them. On Monday a Mexican court issued an arrest warrant for Bruce Beresford-Redman for the crime of "qualified homicide", according to People Magazine. Beresford-Redman later issued a statement proclaiming his innocence, adding: "I am incensed at the suggestion that I could have had anything to do with" his wife's death.

The children's mother was found murdered in Cancun last month while the family was there on vacation. The AP reported last week that Beresford-Redman had been ordered to remain in Mexico, but also quoted his attorney saying that his client "has not been charged with a crime, had no legal obligation to remain in Mexico and (the attorney) insists (his client) is innocent in the death of his wife." According to People, Mexican authorities confiscated Beresford-Redman's passport and it is unclear how he managed to get back to the United States.

This obviously has the makings of a bitter, and perhaps lengthy, Los Angeles child custody proceeding. Since Beresford-Redman is the children's biological father, much is likely to hinge on his exact legal status vis-à-vis Mexican authorities and the legal proceedings surrounding Monica Beresford-Redman's death.

Like several other stories I have written about in recent weeks this one is a reminder of the complex nature of any Orange County, Los Angeles or San Bernardino child custody dispute that touches on international affairs and rulings by foreign courts. In cases like these the assistance of an experienced Orange County custody and visitation attorney is especially important. An Orange County family law specialist can help guide you through the often confusing intricacies of the justice system, defending your rights and helping to preserve the best environment for your children and family.

AP: Change of custody denied for children of slain mom

AP: Producer seeks custody of children with slain wife

People: Arrest warrant issued for producer in wife's death

An important Supreme Court decision issued last week may have implications for Orange County and other Southern California parents involved in Orange County child custody cases that stretch across borders.

By a vote of 6-3 the court overturned rulings by both a federal district court and a circuit court and held that an American mother acted illegally when she brought her son to the United States from Chile in violation of a Chilean court order, according to the Associated Press. The child, born in Hawaii, is, like his mother, a US citizen. The boy's father is British, but the family lived in Chile and the parents were divorced there. Their divorce order gave the mother custody. While the father had only visitation rights, he also benefitted from a Chilean court order giving him "the authority to consent before the other parent takes the child to another country," the AP reports.

It was this violation that the father sought to enforce in US courts, citing the Hague Convention on Child Abduction, a treaty ratified by more than 80 countries, including the United States. In a dissent Justice John Paul Stevens, who plans to retire from the court this summer, argued that since the father does not have formal custodial rights the treaty offered him no relief. Justice Anthony Kennedy, writing for the majority, however, countered that "deterring child abductions by parents who attempt to find a friendlier forum for deciding custodial disputes" is precisely what the treaty was designed to prevent.

Custody disputes are never easy, and child custody disputes that stretch across borders are often unusually complicated. Like most communities within a few hundred miles of the border we here in Orange County have more than our share of international custody issues. Finding an Orange County child custody visitation lawyer with expertise in international child custody issues is especially important if a divorcing couple are of different nationalities, or if you fear a former spouse may flee to a foreign country with your children.

AP: Justices: Child should have stayed in Chile

National Law Journal: International Abduction Treaty Trumps Parental Rights, Says U.S. Supreme Court

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

One tedious aspect of going through a divorce is dividing up various community property furniture and furnishings. From an Orange County divorce attorney perspective, when completing a Schedule of Assets & Debts (which is required prior to getting a divorce), each party must itemize their respective assets and debts, whether they are separate property or community property. I often advise clients to not bother listing every single fork, knife, table, lamp etc. as the list of furniture, furnishings, artwork, jewelry can get pretty long. Instead, I advise my clients to simply list the items that are have value and leave the remaining items as "to be divided between the parties." However, sometimes couples cannot agree to divide anything amongst themselves. Afterall, these people are going through a divorce and the word "agree" has seemed to have disappeared from their vocabulary. At any rate, in such instances, there are alternate procedures to make such divisions equitable.

Continue reading "Kate Walsh Divorce: Dividing Furniture & Furnishings through Alternate Pick Method" »

Los Angeles family law courts may be hit hard as budget cuts make their way from Sacramento down to the local level, according to an article published this week in the Los Angeles Times. The California budget crisis has hit every element of state and local government and, as the article details, its impact on the court system is only expected to grow. While the article focuses on Los Angeles County family courts and other LA County courts, many of the problems it highlights are being felt throughout the region, including in Orange County and its family law courts.

As budget cuts prompt slow-downs and furloughs in an already crowded court system, the assistance of an experienced Southern California family law firm takes on increased importance. Legal work related to a California divorce, Los Angeles custody or parental alienation action or an Orange County restraining order is complex. Even when courts are not backed up, clerks have been known to reschedule hearing dates over the tiniest of paperwork errors. An experienced Los Angeles family law attorney can guide you through this difficult process and work to assure that things are done correctly the first time.

The Times piece notes that in Los Angeles County, "plans to shut down as many as 14 of the county's 43 family law courtrooms" are being examined. It adds that this could lead to eight LA County courthouses ceasing to handle family law matters entirely. The county's courts have already been dealing with once-a-month closures and furloughs since summer.

All of this, of course, comes on top of the emotional stress that is frequently a part of any California family law action. The advice of a full-service Los Angeles family law attorney can be essential as you navigate this emotionally draining area of our court system.

Los Angeles Times: Top L.A. county judge warns of consequences of budget constraints