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

A new bill was approved by Governor Arnold Schwarzenegger stating that spouses who solicit the murder of their husbands or wives cannot collect benefits at the time of divorce. The bill was created in response to the story involving Pomona police detective, John Pomroy. Pomroy's ex-wife collected about $70,000 from the California community property estate after she was convicted of soliciting a hit man to murder him back in 2003. In light of the new bill that has been passed, if either spouse solicits the murder of the other spouse, the solictor will not be able to collect half of the community property assets at the time of dissolution. In California, all property acquired by the parties during the marriage with community property funds is divided equally at the time of divorce. All property acquired by gift, inheritance or other separate property source is considered the recipient's separate property.

For more information on filing an Orange County or Los Angeles County divorce proceeding contact an Orange County divorce attorney for more information.

Source: Schwarzenegger approves spouse protection bill

Often times parents do not want to get divorced because they don't want the children to suffer. However, a new study shows that a divorce may actually be good for the children. Namely, parents involved in a high conflict marriage may want to consider divorce to benefit the children. A recent study shows that children of divorced parents who grew up in a high conflict area fared better. From a Costa Mesa family law attorney's perspective, this sort of study makes sense. Parents should always work towards the benefit of the children. If parents are constantly arguing and angry with one another, it makes sense to not expose the children to such hostility. Divorce may be the answer.

If you are contemplating divorce and want to discuss your options, contact an Orange County divorce attorney for further information.

Source: Divorce Not Always Bad for Kids, Study Says

A few days ago, our very own Orange County Divorce lawyer, David P. Schwarz, was interviewed by Michelle Gile of Channel 2 news about the legal effect of the "no girlfriends to be allowed near children" clause purportedly incorporated in the Tiger Woods divorce settlement.

It is an unusal clause indeed and we do not see it normally in most Judgments and settlements here in California divorce cases. However, it is not uncommon for couples to request the incorporation of such a clause. Unless there is a problem with the girlfriend such that she is abusing drugs, committing acts of domestic violence or engaging in some sort of criminal conduct, such a clause will unlikely be included through a court order. However, that's not to say that if both parties are in agreement with said clause that it cannot be added. Hypothetically, if Tiger agrees to include such a clause, then so be it. From an Orange County divorce lawyer's perspective, we do see problems on enforcing such a clause. For example, how would Elin ensure that Tiger never brings his girlfriends around the kids? How will Tiger move on with his life and perhaps, remarry, if such a clause is incorporated? Most likely, such a clause will not hold up in court.

For more information on divorce, family law, child custody or visitation issues, contact a Costa Mesa divorce attorney.

From an Orange County Divorce perspective, it's always interesting when people are involved in a divorce, they suddenly claim they are in a financial crisis and cannot afford to pay for anything. I'm not saying the decline in income is intentional but it certainly is coincidental. Turns out that Tiki Barber is now claiming that he cannot pay the divorce settlement owed to his ex-wife, Ginny Barber, after he was let go from NBC's "Today" show.

Barber left his wife of 11 years, Ginny, for a 23-year old blond former NBC intern. Barber alleges that his career is in shambles and that he is in financial woes because his contract for NBC for $300,000 ended. Indeed, Barber has not been on the air in many months. However, it is reported that Barber's contract was only formally terminated in May.

If you are presently engaged in a divorce, it is not a good idea to purposefully allege you are broke and are in a financial crisis if its really not the case. There are serious consequences for same. If you are in need of an Orange County divorce attorney, please contact a reputable family law attorney.

Source: 'Broke' Tiki Barber Can't Afford Divorce Settlement After Alleged Affair With NBC Intern

A bill was heard the past Tuesday wherein a State legislative committee sought to close what its author claims to be a loophole in California's no-fault divorce rule. In part, the legislation will specify that spouses who solicit the murder of their soon to be ex-spouse are not entitled to collect financial rewards during divorce proceedings.

The bill was enacted because of the facts concerning John Pomroy, a police detective. His wife collected about $70,000 from their estate after she was released from prison in 2004. His wife allegedly became addicted to painkillers, alcohol and drugs. The couple subsequently separated when his wife became physically abusive. Pomroy eventually moved out of the former family residence and was awarded custody of the children. When the wife faced the loss of her kids and lack of financial support from her husband, she hired members of the Vagos motorcycle gang to kill Pomroy while he was on duty.

The Califrnia Family Code states that if spouses are convicted of murdering or attempting to murder their husband or wife, they are not entitled to reap any financial benefits during divorce proceedings. However, in the event they hire someone to murder their spouse, the victims' assets are not protected.

The bill would amend the law to include husbands or wives who solicit the murder of their spouse.

If you are in need of assistance in seeking a California divorce, contact an Orange County divorce attorney.

Source: Bill Targets "Hitman" Loopholle in California Divorce Law

i read an interesting article today about men taking paternity leave. Unfortunately, Sweden seems to be the only Country that follows suit in granting fathers time off once their newborn baby has arrived.

In Sweden, according to reports, 85 percent of Swedish fathers take parental leave. Those who chose not to take "parental leave" face questions from family, friends and colleagues. As other countries still tinker with maternity leave and women's rights, Sweden may be a glimpse of the future. Indeed, in 1974, Sweden became the first Country to replace maternity leave with parental leave. Further, the few men who took parental leave were nicknamed "velvet dads."

Although this story is not direcly related to Orange County divorce or family law, it is an interesting topic into what our future holds for the equality of fathers and mothers alike. Just like when parents are going through a divorce herein Los Angeles or Orange County, the receipient of child support and/or spousal is not gender specific. You would think the recipient is a woman. However, in this day and age, women are slowly becoming an equal breadwinner to a man, it is becoming more prevalant for a woman to pay a man support.

For more information on any family law related matters, please contact an Orange County family law attorney.

Source: In Sweden, the Men can have it all
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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

As I noted in a post last week, gay and lesbian couples who married during the few months in 2008 when same-sex unions were legal here in California have been in something of a legal grey area when it comes to divorce.

The passage of Proposition 8 in 2008 made same-sex marriage once again illegal in California, but created a number of legal issues, some of which remain unresolved. As the Los Angeles Times noted in a recent article, a 2009 ruling from the California Supreme Court "upheld the legality of Proposition 8 but ruled that the marriages of couples who wed during the months when it was legal in California would be allowed to stand." What is less clear is what happens when some of those couples seek an Orange County, Los Angeles or San Bernardino County divorce. Similar questions surround couples who married in other states where same-sex marriage is legal but who now seek to dissolve their union in California.

As Bay Area Reporter noted last week, the Assembly has now passed a bill seeking to clarify this developing area of California family law. Assembly Bill 2700, the Separation Equity Act, was approved on May 6 by a vote of 44-21. As the newspaper notes, current California law requires a same sex couple to go through separate legal proceedings to dissolve a domestic partnership agreement and a marriage. The LA Times reports that the Assembly bill "would allow one judge to handle both in a single proceeding." The bill now goes to the State Senate for further consideration.

Orange County divorce is never easy. In the case of same-sex couples extra complications linked to the evolving area of same-sex marriage law can often become a factor. If you are contemplating, or have decided to move forward with, an Orange County divorce meeting with an Orange County divorce lawyer who is versed in California family law and how it is changing is among the first, and most important, actions you should take. An Orange county family law attorney can be both an invaluable source of information and an indispensible source of support as you deal with the emotional and legal dislocations of divorce, family law and child custody issues.

Bay Area Reporter: Online Extra: Wedding Bell Blues: Assembly passes same-sex divorce bill

Los Angeles Times: New legislation targets same-sex divorce

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