Orange County Divorce Lawyer Blog

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

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

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

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

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

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

An Associated Press article that has been republished throughout the national media this week notes a growing trend in custody cases here in California and elsewhere: claims by one spouse/ex-spouse that medical marijuana use by the other renders that person an unfit parent.

Though focused mainly on Washington state, the piece quotes a representative of a California group, Americans for Safe Access, saying "her organization has received calls about 61 such cases" over the last four years.

Southern California child custody and visitation cases are often contentious. Parents play hardball with one another over Orange County, Los Angeles County and San Bernardino child custody issues. It is often only through aggressive legal representation that accused parents can avoid situations that rise to the level of California parental alienation and maintain the kind of relationship with their children that they want and deserve. The AP article cites several instances of fathers or stepfathers reduced to limited or supervised visitation with their children because they are medical marijuana patients. These court rulings have been issued despite a specific provision in Washington's medical marijuana law mandating that authorized users "shall not be penalized in any manner, or denied any right or privilege."

As the article details, these California and other state child custody disputes tend to turn on two issues: potential substance abuse and federal versus state law. Just as a judge can take alcohol abuse into account when determining custody, despite the fact that alcohol is a legal substance, so judges in states where medical marijuana use is permitted have the ability to consider accusations by one parent that the other is abusing the drug. Beyond that lies the fact that whatever various states say, marijuana use remains a crime under federal law. Though the feds have largely chosen not to pursue such prosecutions, this fact that marijuana use remains forbidden can leave parents involved in California custody disputes in a legal grey area if they are also medical marijuana patients.

These difficult issues are the kind of problems best addressed with the assistance of an experienced Orange County family law attorney. Medical marijuana and other potential substance use/abuse issues can be complicating factors in any Southern California child custody dispute. The best way to address them is with the help of an Orange County child custody lawyer who can defend your interests aggressively and, in doing so, help you maintain the substantive, loving relationship with your children that you deserve and they need.

AP: Medical pot can cost parents in custody disputes

NBC Bay Area: Medical marijuana weighing on child custody disputes

Sometimes family law matters overlap with criminal law matters. A Huntington Beach woman, Angela Marie Aiton, 34, pleaded not guilty to kidnapping her own daughter in an Orange County court last week.

Angela Marie Aiton was charged with a felony count of child stealing.

Aiton reportedly left a Newport Beach Cheesecake Factory last Friday taking daughter Symphony.The young girl was on a court-ordered visitation with her foster father. Aiton told the foster father she was taking the girl to the restroom and he stated that she never returned. The abduction triggered a Orange County-wide Amber Alert.

Aiton is being held on $500,000 bail, according to court records. She is also being held on a "second strike" allegation related to a conviction for a residential burglary in 2005, according to the Orange County D.A.'s office.

Symphony was ordered taken away from Aiton this past March. Aiton is scheduled to face a judge in about nine days for a preliminary hearing.

If you are facing child custody and visitation issues, abducting a child is not the answer. Indeed, like Aiton, you can face serious criminal charges on top of family law issues. Contact an Orange County family law and criminal law attorney for assistance.

Source: cbs2.com: O.C. Woman, 34, Pleads Not Guilty to Kidnapping Daughter

Another day, another celebrity marriage bites the dust. I grew up watching "Saved By the Bell" and absolutely loved my Saturday mornings with Zack, Slater, Skreetch, Lisa, Jesse and Kelly.

It was reported that after 14 years of marriage and two children Mark-Paul Gosselaar and his wife Lisa Ann Russell have separated.

Gosselaar, 36, and Russell, 38, met on the set of Saved by the Bell when she had a small role. They got married in 1996, and have children Michael Charles, 6, and Ava Lorenn, 4.

No reason for the split was given. But a source close to the couple refuted Internet reports that Russell's behavior was to blame.

"The reports saying that she's out partying aren't true," says the source. "She's a great mom. The two of them couldn't be more hands on with the kids. Their number one focus is definitely their family."

As I have previously blogged on numerous occasions, California is a no fault divorce state, which means anyone can get divorced regardless of fault. Since the couple have two small children, custody and visitation issues will definitely play a role in their divorce. If you are considering divorce in Orange County of Los Angeles County, contact a reputable Orange County divorce attorney determine your rights.

Source: People: Mark-Paul Gosselaar and Wife Split

For me, using Facebook is a complete waste of time. You get suckered into stalking other people's walls and viewing profile information, photos, notes, videos, etc. Some of these people I haven't even spoken to in 15+ years. Will I ever see or talk to these people again? I doubt it, with the exception of maybe a few. Hence, its a waste of time.

However, Facebook became a useful tool for one California mother. A California mother, whose children were kidnapped 15 years ago, was reunited with them through Facebook.

The woman said her husband, Faustino Utrera, kidnapped her two children and said she would never see them again.

She said she looked everywhere for them, and she ultimately found out through Facebook that they were in Central Florida.

Police said Utrera disappeared from San Bernardino, California, with his then 3-year-old daughter and 2-year-old son. The mother said she has not seen them since.

In March, the children's mother searched for her daughter on Facebook and found her page. She added her as a friend, and they messaged back and forth.

San Bernardino Deputy District Attorney Kurt Rowley said the mother immediately contacted his office.

"We did some additional investigation until we located Mr. Utrera and the kids in Florida," he said.

Utrera was arrested and the children were placed in the custody of the Department of Children and Families. With the father in jail, custody of the two teenagers was given to their mother.

Carrie Hoeppner, of DCF, said that's where things get complicated.

"There is no relationship there," Hoeppner said. "You don't have that immediate joyful reunification. If in fact that is what will progress, it will take time. These children will have to build a relationship, and that is something that will not happen overnight."

The children will soon be on their way back to California.

If you have any child custody disputes in Southern California, contact an Orange County divorce lawyer.

Source: Facebook Reunites Mom with Kidnapped Kids

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

Unlike the rights a non-custodial parent would get here in an Orange County or Los Angeles County court system, Japan's custody laws are vastly different. In Japan, 100% custody is typically awarded to the mother, even in divorces involving Japanese parents. It is most certainly the custody battle from hell -- a battle that's impossible for a father to win.

This is precisely the case involving Christopher Savoie, whose ex-wife, Noriko took their two children from the United States to her home in Japan eight months ago in violation of a Tennessee court order. Because Japanese law gives sole custody to the mother and does not recognize international treaties upholding parental custody rights, Savoie may never see his two children until they are adults.

In the past 10 years, Savoie said, 231 children have been abducted from America to Japan. Since 1952, when Japan returned to self-governance after World War II, no child taken to the county by its Japanese mother has ever returned.

"Japan hasn't returned one child -- ever," Savoie said.

While the House resolution has no force of law, Savoie hopes that Japan will update its laws if sufficient pressure is put on the government.

These international custody battles are becoming more and more prevalant. I previously blogged about Orange County's Andrew Ko here. Regardless, if you are facing an imminent custody battle, contact a reputable Orange County attorney to learn more about your rights.

Source: Dad: Japan a custody "black hole"

The Supreme Court ruled Monday, May 17, 2010, that a Texas mother illegally moved her son from Chile to the United States during a custody dispute with the boy's British father in the first test of the boundaries of an international child custody treaty.

The high court ruled that the Hague Convention on child abduction -- aimed at preventing a parent from taking children to other countries without the other parent's permission -- demands that the child goes back to the South American country.

However, Justice Anthony Kennedy, who wrote the 6-3 decision, said Jacquelyn Abbott can argue in lower courts in the United States for an exception to the international treaty that could allow her son to stay in the U.S.

The child, born in Hawaii, is a U.S. citizen.

Timothy Abbott accused his estranged wife of violating a court order in Chile by taking their 10-year-old son to Texas without the father's consent.

Timothy Abbott asked an American court to order the child returned to Chile, based on the treaty. The Chilean courts had given him visitation rights and the authority to consent before the other parent takes the child to another country, known as "ne exeat rights".

The mother argued that she has exclusive custody of the boy, and that U.S. courts are powerless under the treaty to order his return.

A federal judge acknowledged that taking the son to the United States violated the Chilean court order but sided with the mother, and the New Orleans-based 5th U.S. Circuit Court of Appeals agreed.

The Supreme Court reversed the appeals court decision.

"To interpret the Convention to permit an abducting parent to avoid a return remedy, even when the other parent holds a ne exeat right, would run counter to the Convention's purpose of deterring child abductions by parents who attempt to find a friendlier forum for deciding custodial disputes," Kennedy said.

The United States is among more than 80 countries that follow the treaty, and the Obama administration had sided with Timothy Abbott.

He "has the ability to decide whether or not the child may be taken outside of the country of habitual residence, and thus the right to share in the decision as to where the child will reside," Solicitor General Elena Kagan wrote in court briefs.

Kagan now has been nominated by President Barack Obama for the Supreme Court.

Justices John Paul Stevens, Clarence Thomas and Stephen Breyer dissented from the court's opinion.

Stevens said the boy's father never had custody rights, only visitation rights. That means that the father cannot determine where the boy lives, he said.

"A parent without 'rights of custody,' therefore, does not have the power granted by (the treaty) to compel the child's return to his or her country of habitual residence," Stevens said.

Kennedy said that an exception to the Hague Convention deals with the safety of the parent.

"If, for example, Ms. Abbott could demonstrate that returning to Chile would put her own safety at risk, the court could consider whether this is sufficient to show that the child too would suffer 'psychological harm' or be placed in an intolerable situation," Kennedy said.

Lower courts can also take into account the child's wishes if he is mature enough to express them, Kennedy said.

An Orange County child custody attorney can assist you in any international custody disputes you may be facing. Contact an Orange County family law attorney for more information.

Source: Justices: Child Should have stayed in Chile

You knew this was coming. On the heels of the recent scandal involving Jesse James and Sandra Bullock, sure enough, Jesse James' ex-wife, Janine Lindemulder is seeking joint legal custody and 50-50 physical custody of their daughter. Lindemulder is also seeking an increase in child support and attorney fees and costs claiming that James "owns several businesses, homes, vehicles, etc." Lindemulder also goes on to state that the disparity between her income and James' is "enormous." Lindemulder is reportedly living in a half-way house in Oregon and works as a file clerk earning $8.50 per hour. Since Lindemulder did not pay to hire her present attorney, he is taking on this case on a pro bono basis. At any rate, this matter will be heard later next month in Orange County.

The details of why Lindemulder is seeking joint legal custody and 50-50 custody of their daughter is not clear from the recent filing. In most cases involving custody disputes here in Orange County or Los Angeles County, the moving party will have to show a change in circumstance to modify an existing order. Moreover, the "best interest" of the child will also have to be analyzed. By no means will this legal battle be simple. I can't wait to see how this plays out in court.

For more information on child custody disputes in Orange County or Los Angeles County, contact an Orange County custody attorney.

Source: Jesse James' Ex-Wife Asks Court to Award her Shared Custody, More Child Support