Orange County Divorce Lawyer Blog

California parental alienation has been the subject of competing columns in recent issues of the Sacramento political newspaper Capitol Weekly. Interest in the issue has been spurred by the introduction of a bill in the State Assembly, AB 612. The bill declares California parental alienation to be an "unscientific theory" and, if adopted, would bar California family courts from considering parental alienation as part of custody hearings.

AB 612 was originally introduced early last year and began making its way through the legislative process before being set aside over the summer. According to the legislature's online bill tracking system, the first hearings on the measure were cancelled last July at the request of the measure's sponsor, Assemblyman Jim Beall (D-San Jose). The bill is not, however, dead and is scheduled to be considered by the California Senate's Judiciary Committee later this spring.

The competing articles in Capitol Weekly lay out the two sides of the issue in forceful language. The measure's supporters reject the entire idea of parental alienation seeing it, in essence, as a legal fig leaf designed to return battered children to the custody of an abusive parent.

California parental alienation advocates, however, oppose the measure. They argue that while no one favors child abuse, it is ridiculous to suggest that parents involved in contentious California divorce proceedings do not sometimes attempt to poison their children's attitudes toward the other parent.

The anti-AB 612 column in the Weekly also notes that a number of legal and judicial professional organizations have expressed opposition to the measure, including "the Judicial Council; the California Judges Association; the Family Law section of the State Bar; the California Psychological Association; the Association of Certified Family Law Specialists; the Association of Family Conciliation Courts; and numerous others." Legal and judicial organizations have voiced concerns over any measure that would limit the scope of information a judge is able to consider during a California custody hearing.

Continue reading "California Parental Alienation Emerging as Issue in Legislature" »

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

It has come to no surprise to learn that former Democratic presidential candidate, John Edwards, and his wife, Elizabeth Edwards, have legally separated. While reports do not state when the couple separated, sources claim the couple separated a while ago. Should these two proceed to dissolving their marriage, one issue to be discussed most certainly will be the campaign funds John Edwards used on his mistress, Rielle Hunter.

A federal probe has been launched to look into how John Edwards spent his campaign funds on his alleged "employee", Rielle Hunter. Hunter, the admitted mistress of John Edwards, was paid more than $100,000 by Edwards' public action committee for video filmed during the months leading up to his 2008 presidential campaign. Hunter's firm was also paid an additional $14,086.50 on April 1, 2007 for "furniture" when the PAC only had $7,932.95 in cash on hand. Another suspicious act was from Edwards' late national finance chairman, Fred Baron, who reportedly paid Hunter to resettle in California. The investigation will make sure Edwards' campaign funds were not given to the mistress as hush money.

Continue reading "John Edwards' Use of Campaign Funds to Support his Mistress: A Claim for Misappropriation?" »

It was reported earlier this week that Bristol Palin filed a Motion for Interim Child Support in the Alaska Superior Court. According to Alaska law, the non-custodial parent is obligated to provide child support up to 20% of the non-custodial parent's adjusted annual income (up to an annual income of $105,000). Bristol Palin is demanding that Levi Johnston pay her $1,750 per month in child support, retroactive to the birth of their son, Tripp, who was born on December 27, 2008. According to court documents filed, Bristol contends that Levi has pulled in "in excess of $105,000 in 2009 through various media interviews and modeling related activities."

Continue reading "Bristol Palin Seeks Interim Child Support from Levi Johnston" »

If you have been following episodes of "The Housewives of Orange County", you probably know that Tamra Barney and her husband, Simon, have had their fair share of marital difficulties and public spats of discourse.

On January 7, 2010, Simon took it to the next level and filed a Petition for DIssolution of Marriage in Orange County. Simon cited "irreconcilable differences" as the grounds of dissolution. Within the Petition, Simon also indicated that "Respondent (Tamra) has been verbally abusive and has committed acts of disloyalty and infidelity." Although there are many reasons why couples divorce, it is not necessary to list them on your Petition for Dissolution. In fact, California is a no-fault divorce State, which means that, in the event you want to retain an Orange County divorce lawyer, you need not have a reason for wanting the divorce (although many reasons include, but are not limited to, extra-marital affairs, financial problems, accumulating debt etc.)

Continue reading "Divorce for Housewife of Orange County, Tamra Barney" »

A fascinating article that appeared recently in the New York Times shines a light on the ways in which surrogacy is developing in California and around the nation. As the article outlines, the rapid increase in gestational surrogacy has presented family law courts around the country with challenging, and sometimes unexpected, issues.

As the Times notes, California is a state whose family courts have generally been open to surrogacy contracts. In other states, however, they are considered legally unenforceable. The patchwork of state laws and general lack of regulation surrounding the surrogacy industry is leading some medical professionals to express concern. Of course, cases of surrogate mothers falling out with the adoptive parents who hired them are not new: courts have been dealing with these questions for some two decades. But, as the paper notes, the medical and business landscape of surrogacy is evolving rapidly while the family law and court system has moved far more slowly.

Reading the article is it difficult to avoid the conclusion that those considering surrogacy should make a consultation with an experienced Southern California family law attorney an early, and important, part of this kind of family planning. Surrogacy contracts often contain layers of emotional and legal complication that go well beyond those normally associated with adoption.

An Orange County adoption lawyer can offer detailed advice on the best way to navigate the legalities of both surrogacy itself and California adoption (which is frequently an important element of a surrogacy arrangement).

New York Times: Building a Baby, with few ground rules

Poverty among children in Orange County has hit its highest levels since 2005, according to a recent article in the Orange County Register. The data offered by the newspaper is a sobering reminder of the problems families face in our community, and the challenges these, in turn, can pose for Orange County family law and family courts.

Citing federal poverty data, the newspaper reported that the number of school-age children in poverty in Orange County jumped to 12 percent in the last year - an estimated 67,062 children. The paper noted that 3.5 times that number of children qualify for free or reduced-price meals in the county's schools.

Unsaid in the article is a separate truth: that times like these, and rising poverty numbers, put strains on families at all economic levels. In times of economic stress Orange County family law issues such as divorce, parental alienation, child custody and visitation can all become even more vexed and emotional than they ordinarily are.

In situations like these the assistance of an experienced and compassionate Orange County family law attorney can be invaluable in negotiating your family's passage through difficult times. Orange County divorce and child custody issues can be complicated by one or both spouses losing a job or falling behind on mortgage payments. A full-service Orange County family law firm can help you explore your options for dealing with this and similar situations, as a first step toward restoring balance in your life.

Orange County Register: Poverty figures rise among O.C. schoolchildren

The filing of a Petition for Legal Separation by Shaquille O'Neal's wife within a day of landing in Los Angeles got me thinking more about the residency requirements for California. If a party wants to file for dissolution of marriage, at least one of the parties must be a resident of California for 6 months and a resident of the county in which the petition was filed for three months immediately before the filing of the petition. Family Code Section 2320. This residency requirement is mandatory and it cannot be circumvented.

Continue reading "More on California Residency Requirements" »

Jon & Kate Plus 8 officially ended their show yesterday. Jon & Kate Plus 8 initially aired in 2007 and chronicled the lives of a young couple and their 8 children.

"This is a very bittersweet goodbye for me because the kids are already missing it," Kate Gosselin said. "Our show has provided opportunities that we wouldn't have otherwise had. I feel like it's been taken from us. From me and the kids. I don't like ends. I don't like goodbyes. It's needless; it's useless. It was totally avoidable."

"Our marriage fell apart, and I felt like I was free," Jon said. He dismissed the past eight months, during which tabloids and newspapers chronicled his string of new girlfriends and partying, by explaining that he believes he was sowing his wild oats. "I got married at 22, so maybe I reverted to 23," Jon said.

Continue reading "Jon & Kate: What Not to do During a Divorce" »

Thanksgiving 2009 is fast approaching in three days! 'Tis the season for many phone calls from clients to attorneys about who should get custody of the children during Thanksgiving, Christmas, Hannukah, New Years etc. Before a holiday weekend, family law attorneys usually anticipate on receiving phone calls involving who has custody of the children during the holidays. If there is no prior written agreement in place, then good luck! This is why the attorneys at the Law Office of David P. Schwarz recommend that all agreements be put in writing. Period.

Below are a list of a few problem areas I often notice in poorly written Stipulation & Orders and Judgments relating to defining holidays:

Continue reading "Defining "Holidays" for purposes of Custody and Visitation" »

Word that basketball star Shaquille O'Neal's wife Va'shaundya filed Los Angeles family court papers seeking a California legal separation last week may have come as a bit of a surprise. Most people thought the O'Neals lived in Florida (Shaq played with the NBA's Miami Heat from 2004-2008, but now plays for Cleveland).

According to a report in People magazine, Va'shaundya flew to California and declared herself a resident of the state on November 8, a day before her lawyers filed the California legal separation papers in Los Angeles family court. California's community property divorce laws are significantly more generous than those of Florida. Further complicating matters, the couple is widely reported to have a prenuptial agreement.

As is so often the case with celebrity family law the numbers may differ from those the rest of us deal with (Shaq reportedly makes $21 million per season playing basketball and as much or more from product endorsements), but the concepts at issue are really little different.

An experienced Orange County family law firm can offer invaluable advice if your spouse, when preparing for a Orange County divorce or legal separation, decides to go venue-shopping. The end of a marriage or long-term relationship is difficult enough without having to cope with additional stress brought on by questionable tactics related to residency or similar California family law issues.

California child custody questions often come into play in these situations as well. Va'shaundya O'Neal is seeking sole custody of the couple's four children (all of whom are under age 9), according to People. An Orange County child custody lawyer can offer advice on how residency issues in a California divorce impact Orange County child custody questions.

People: Shaquille O'Neal's Wife Files for Separation

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