Orange County Divorce Lawyer Blog

This is a strange story. What mother in her right mind would sell her child? Apparently, Kenia Quiala Bosque, age 30, tried to sell one of her 4 children to an aquaintance for $7,000. Bosque stipulated that she put her kids in danger by trying to sell one of them. She did this to avoid a dependency trial. As a result, the children will now remain in the care of their father.

The case is not over for Bosque though. She still faces criminal charges that she tried to sell her youngest son to an acquaintance for $7,000 in December.

Judge Mari Sampedro-Iglesia accepted a plea deal worked out in the juvenile justice building hallways among attorneys for both parents and the Department of Children and Families. In the deal, Bosque agreed that "under severe emotional distress [she] made an empty threat to exchange her child for a sum of money, that placed her children in imminent risk of harm."

The judge ordered a psychological evaluation, individual therapy and parenting classes for Bosque, who was arrested Dec. 4 at her Opa-locka apartment. She will continue having supervised visitations.

From an Orange County divorce lawyer's perspective, it is standard procedure for the case to proceed to a child custody evaluation to determine an appropriate parenting plan. Obviously, Bosque needs help if she ever wants to have a relationship with her children. In the meantime, she has been awarded supervised visits with the children.

If you are experiencing child custody and visitation issues, contact an Orange County divorce lawyer for more information.

Source: Mother accused of selling baby gives up custody to husband

The Los Angeles County child custody dispute between Halle Berry and her ex, Gabriel Aubry is heating up. Last Tuesday, a Los Angeles Superior Court judge denied a nanny's request request for a restraining order against Gabriel Aubry. A day later, a Los Angeles County Department of Children and Family Services paid a visit to Berry's home.

The details of the home visit is confidential. Indeed, the agency is legally prohibited from commenting on such cases or identifying the people involved, but a rep for the department's public affairs office told E! News that "all necessary steps are taken" when they receive a call about possible child endangerment or abuse.

It has been reported that the meeting with Berry was a standard follow-up procedure.

Berry and Aubry were both in court last week for an emergency hearing regarding Aubry's alleged behavior around their daughter's nanny, who claimed that Aubry was verbally aggressive and had "violently pushed her" last week

From an Orange County divorce lawyer's perspective, it is not easy to co-parent a child. One parent often times dislike how the other parent parents the child. If you are experiencing child custody issues with your ex-spouse, contact an Orange County child custody lawyer for more information.

Source: Halle Berry Custody Heats Up as Child Services Visits her Home

Major changes in California's divorce law are expected in 2012 pursuant to changes to California Family Law Code 3042. The changes are a result of the Elkins Family Law Task Force's final report and recommendations from April 2010. The new legislation will affect how, when and if minor children can testify in divorce and custody cases, and what will be expected of them, the parents, family law attorneys, and the court itself.

According to Lowenstein, a Certified Family Law Specialist, partner at Lowenstein Brown, and former Chairperson of the Family Law Section of the San Diego County Bar Association, "The biggest change to take effect in 2012 is that the court shall consider the wishes of the minor child regarding custody and visitation, if the child's age and capacity to reason are 'sufficient' and furthermore, a child who is 14 or older may address the court directly." Lowenstein notes that the court will control the examination of the child and/or the direct testimony, to protect the minor's best interests, but such a grave responsibility may be against the child's interest, on its face.

Brown, a partner at Lowenstein Brown, former President of the Public Interest Law Foundation, and former Peace Corps volunteer and youth advocate, adds "The other major impact is that multiple people can alert the court of the child's 'desire' to express a custody or visitation preference or to testify directly, including a minor's counsel, an evaluator, investigator or mediator, the judge, a parent's attorney, or the parent." Brown uses the term 'desire' loosely - while a minor may indeed have a valid preference, she is concerned about potential manipulation of the minor to invent a preference, particularly when the financial and emotional stakes are so high.

Brown points out that clients might still prefer to resolve the case in a conference room through ADR (Alternative Dispute Resolution), and keep his/her personal matters out of a public court. When asked what kind of case lends itself to needing a child's opinion or testimony, or even legislation at all, Lowenstein suggests that it's not necessarily what kind of case, but rather, what kind of attitude the parties hope to maintain long-term. "The story of the parents' divorce will become the child's story as the child becomes an adult," she says, "and parents' actions during the divorce shape the story."

Source: Children Can Testify Regarding Custody and Visitation in California Divorces; Video Discussing New Legislation from Lowenstein Brown, a Professional Law Corporation

Usher's ex-wife, Tameka Raymond, file court papers in George asking for a change in the parties' current child custody order. Tameka Raymond is requesting full custody of the couple's children plus an increase in child support payments. Presently, the couple share joint physical custody of the kids. Raymond is alleging that Usher traveled with the children outside of the state without her permission and hired nannies without her permission. In response, Usher has filed court documents requesting that the court dismiss Raymond's requests, stating that the facts set forth in Raymond moving papers are false.

From an Orange County divorce lawyer's perspective, after a California dissolution of marriage action has been finalized, if children are involved, any party can modify a child custody and visitation order. However, the standard is high in that there must be a change in circumstance to justify the modification.

Additionally, if the court grants a change in child custody, the person who obtains more custody should go in and modify child support. The more time a party spends with a child, the less child support is owed.

If you have a child custody or visitation issue in Los Angeles or Orange County, contact an Orange County child custody lawyer for more information.

Source: Usher responds to custody claim

This past Friday, a Milwaukee father was reunited with his daughter, whose mother abducted her to Japan shortly after the father filed for divorce back in 2008.

The father, Moises Garcia, met his daughter at O'Hare International Airport, where she arrived with her grandmother and Garcia's Japanese lawyer. Along with Sakar, there were several law enforcement officials, staff of the Japanese Consulate in Chicago, a psychologist, representatives of the U.S. State Department and advocates for other American parents whose children are being held in Japan, where officials have refused to sign a world convention about international child abduction.

The girl's return also freed her mother from jail in Milwaukee, where she had been held on contempt charges due to her interference with a prior child custody order. The mother was arrested on a Wisconsin warrant in Hawaii, where she had gone to renew her U.S. permanent resident status.

Garcia's ex-wife, Emiko Inoue, 43, is Japanese with legal U.S. residency while married to Garcia, a physician. She took her daughter to Japan in February 2008, shortly after Garcia had filed for divorce, and ignored court orders to return. Last month, Inoue pleaded no contest to interfering with child custody under an agreement that she would ultimately be convicted of a misdemeanor if her daughter was returned to Garcia, who has legal custody.

From an Orange County divorce lawyer's perspective, such child custody battles can be very traumatic and expensive. The father in this case had not seen his daugther since 2008 and miraculously, she was released back to her father after many years of court battle.

This case is also sets an example of what happens to parents who do not comply with court orders. The court can hold the person in contempt and throw them in jail or pay a fine.

For more information on any child custody or visitation issues you may have, contact an Orange County divorce lawyer for more information.

Source: Daughter in custody rift returns from Japan

In Miami, Florida, Kenia Quiala Bosque, 30, was arrested and charged with trying to sell her 8-month-old son for $7,000, authorities said. Authorities say Bosque had arranged to meet a Monroe County man in Miami on Saturday to exchange the child for the money.

When the Monroe County Sheriff's Office received a tip about the transaction, the FDLE arranged to have an undercover agent be at the baby handoff.

However, after Bosque failed to show up and fearing for the child's well-being, deputies and agents went to her home and had enough evidence to make an arrest, authorities said.

"We are just so glad we were able to obtain this information in time to intervene before anything could happen to endanger this child," Sheriff Bob Peryam said in a statement.

Bosque was booked into Miami-Dade County jail and was being held on $5,000 bond Monday. It was unknown whether she has an attorney.

Bosque's children were placed in the custody of relatives, authorities said.

From an Orange County child custody lawyer's perspective, attempting to sell your child is not a very smart move. Not only are there family law issues involved but you could be criminally charged for doing so.

Contact an Orange County child custody lawyer if you have any issues regarding obtaining legal custody or physical custody.

Source: Mom arrested for trying to sell baby for $7,000

According to TMZ, Dan Cortese has filed for a Los Angeles County divorce from his wife, Dawn. The parties married back in 1994 and have two minor children together. Further, according to court documents, the couple put their Malibu home on the market back in June of this year.

From an Orange County divorce lawyer's perspective, the parties here will have to deal with issues relating to spousal support, child support, child custody and child visitation.

Considering the parties were married back in 1994 and if their date of separation was sometime this year in 2011, this would be a marriage of long duration, which means the recipient spouse would be entitled to spousal support for more than 1/2 the length of the marriage and that the court would retain jurisdiction over same.

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

Source: Dan Cortese Files for Divorce

Here is a very helpful article I found online about how to lose custody of your child. The link to the direct article can be found here.

As a matrimonial law attorney who regularly represents mothers and fathers in contested divorce trials, I have very some straight forward advice for parents going through divorce, and who are contemplating a custody action. More than ever, I am counseling mothers on how to not lose custody of their children.

From the outset, it is important for mothers and fathers to recognize that married parents of minor children start out with joint custody rights. This means that both parents have equal rights to their children, and the same right to pursue custody of their children in their divorce case. In a world where many households contain two working parents, and many fathers have an active role in raising their children, the presumption that mothers will automatically get custody no longer exists. In fact, statistics show that fathers who seek primary custody of their children are awarded custody 50% of the time. Custody laws are gender neutral, and this means that when the facts of a given case are applied to the governing law, a court may determine that it is in the best interests of the child to live primarily with the father, not the mother.

Now, here is a list of the seven most common pitfalls of parties going through custody actions. Moms, if you want to lose your custody case, here is the way to do it. If you are a parent and you want to win custody, steer clear of the following:

1. Not being the primary caretaker: In most households, one parent is most responsible for caring for the children's basic needs -- the so called primary caretaker. The parent who is the most involved in the children's daily lives usually has the edge in a custody case. Therefore, if you are not putting in the time to do homework with your child, feeding, bathing, reading, taking him or her to the bus stop, you are at a disadvantage in a custody case. There is no better way to lose custody than to demonstrate to a judge that you are simply not involved in raising your child.

2. Not being active in your child's schedule and activities: Do you know the names of your child's teachers? Have you ever supervised your child on a play date or taken your child to the doctor? Do you regularly attend school conferences and school events? If the answer to these is no, then it is an indication that someone else (i.e. the other parent) is the primary caretaker, not you.

3. Not addressing alcohol, drugs, or other parental fitness issues: A parent who even casually partakes in alcohol and/or drugs will have a problem winning custody. Most judges will take allegations of substance abuse seriously, and these allegations will be investigated thoroughly via random testing, psychological evaluations, and interviews. If you have an issue with substance abuse, then seek treatment for it immediately. If you are the perpetrator of domestic violence or abuse (which often goes hand in hand with alcohol use), this also pretty much guarantees that you will lose custody.

4. Leaving a paper trail that will hang you in court: Thanks to new technology, virtually every custody trial features the submission of evidence that can be used to portray the other parent in a very damaging light. Sometimes the evidence can make or break the custody case. The evidence can include text messages, photos and negative emails. Also potentially harmful are video and voice mail recordings (a la Alec Baldwin). If you are prone to sending impulsive emails and texts, ranting and raving at the other parent, third parties, or your own child, you are at risk of losing custody.

5. Disparaging the other parent. Judges tend to look favorably upon a parent who demonstrates that he/she supports the child's relationship with the other parent. A parent who is constantly denigrating the other parent, leaking anger, and negatively influencing the child's relationship with the noncustodial parent will be reprimanded. In extreme cases, there will allegations of parental alienation and interference with parenting time. Many judges will consider a change of custody if this type of interference is shown. Bottom line: if you want to show the Judge that you will promote the best interests of your child, then you need to show that you recognize the value of the child's relationship with your ex, and will take the steps to encourage that relationship. Of course, when you are going through an adversarial proceeding with someone you don't like very much, it can be very hard to put those feelings aside for the sake of your child. But that is exactly what you need to do if you want to prevail in your case.

6. Showing lack of control: It is critical to consistently act with good judgment and self control if you want to win custody. A parent who regularly loses control, and who cannot control his/her anger will be at a disadvantage. I have handled many cases where a litigant will lose control right in the courtroom, in front of the Judge. An angry outburst in court will be remembered. Similarly, a parent who acts out in front of the child's attorney, social workers, teachers, neighbors, etc. will find himself confronted with a lot of negative testimony and evidence at trial. This is where the voice mails and emails also come into play. If you are serious about winning custody, then you must exhibit self control and put your child's needs first. Going through a divorce is a difficult, emotional process. A custody case raises the stakes considerably. If necessary, seek counseling to get your anger under control. At the very least, taking this step will likely lead to improved relationships with your ex, other third parties, family members, and your child.

7. Failing to follow your attorney's advice: Going through a divorce and/or custody proceeding is one of the most stressful experiences there is. Whether you are seeking primary custody of your children, joint decision making, or a customized parenting plan, your goal should be to survive the process while protecting your rights to your most valuable asset -- your children. It is critical that you seek out the advice of an experienced family law attorney, who has handled contested custody trials (not the attorney who did the closing on your house, or the lawyer who charges the lowest retainer to do an uncontested divorce.) With an experienced advocate by your side, you can avoid making the mistakes outlined above, and you can be successful in your custody case.

The writer behind the HBO hit, Sex and the City, Candace Bushnell, is divorcing her husband of nine years. In 2002, Bushnell married ballet dancer, Charles Askegard.

A friend told the New York Post: "This has been coming for a long time. They have been living increasingly separate lives. Candace has been spending more and more time in the country at her house in Connecticut, while Charles has been in the city working. He has been going through a huge career transition."

From an Orange County divorce perspective, the parties herein will have to work out issues pertaining to spousal support. Since the parties were married for less than ten years, in California, the recipient of spousal support would be entitled to receive same for one half of the length of the marriage. From reports throughout the web, it is unknown if the parties have any minor children together. If so, they would also have to work out issues pertaining to child custody, child visitation and child support.

At any rate, if you are contemplating filing a Los Angeles County or Orange County divorce, contact a reputable Orange County divorce lawyer for more information.

Source: Sex and the City creator Candace Bushnell files for divorce from ballet dancer husband of nine years

In Orange County, child custody must be awarded according to the child's best interest. It may not be awarded by reference to the parents' interests or to achieve equity between the parents.

Here is an recitation of Family Code section 3011, which outlines the "best interest" standard for Orange County and Los Angeles County child custody and visitation:

"In making a determination of the best interest of the child
in a proceeding described in Section 3021, the court shall, among any
other factors it finds relevant, consider all of the following:
(a) The health, safety, and welfare of the child.
(b) Any history of abuse by one parent or any other person seeking
custody against any of the following:
(1) Any child to whom he or she is related by blood or affinity or
with whom he or she has had a caretaking relationship, no matter how
temporary.
(2) The other parent.
(3) A parent, current spouse, or cohabitant, of the parent or
person seeking custody, or a person with whom the parent or person
seeking custody has a dating or engagement relationship.
As a prerequisite to the consideration of allegations of abuse,
the court may require substantial independent corroboration,
including, but not limited to, written reports by law enforcement
agencies, child protective services or other social welfare agencies,
courts, medical facilities, or other public agencies or private
nonprofit organizations providing services to victims of sexual
assault or domestic violence. As used in this subdivision, "abuse
against a child" means "child abuse" as defined in Section 11165.6 of
the Penal Code and abuse against any of the other persons described
in paragraph (2) or (3) means "abuse" as defined in Section 6203 of
this code.
(c) The nature and amount of contact with both parents, except as
provided in Section 3046.
(d) The habitual or continual illegal use of controlled substances
or habitual or continual abuse of alcohol by either parent. Before
considering these allegations, the court may first require
independent corroboration, including, but not limited to, written
reports from law enforcement agencies, courts, probation departments,
social welfare agencies, medical facilities, rehabilitation
facilities, or other public agencies or nonprofit organizations
providing drug and alcohol abuse services. As used in this
subdivision, "controlled substances" has the same meaning as defined
in the California Uniform Controlled Substances Act, Division 10
(commencing with Section 11000) of the Health and Safety Code.
(e) (1) Where allegations about a parent pursuant to subdivision
(b) or (d) have been brought to the attention of the court in the
current proceeding, and the court makes an order for sole or joint
custody to that parent, the court shall state its reasons in writing
or on the record. In these circumstances, the court shall ensure that
any order regarding custody or visitation is specific as to time,
day, place, and manner of transfer of the child as set forth in
subdivision (b) of Section 6323.
(2) The provisions of this subdivision shall not apply if the
parties stipulate in writing or on the record regarding custody or
visitation."

For more information on filing an Orange County or Los Angeles County child custody action, contact an Orange County child custody lawyer for more information.

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.

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

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

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?

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