Orange County Divorce Lawyer Blog

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