Orange County Divorce Lawyer Blog

A recent Fox News article regarding a potentially bitter California child custody dispute noted that Guy Fieri, a well-known Food Network personality who also hosts a game show on NBC, has been pulled into the middle of a California child custody and father's rights case pitting a parent against grandparents.

The network, citing the celebrity-watching website TMZ, reports that Fieri is looking after his 11-year-old nephew while the boy's father and his maternal grandparents dispute custody. Fieri is reportedly vacationing "on a remote lake in Northern California with no cell service," a remarkably convenient location for someone trying to keep a child out of the limelight and away from squabbling relatives.

The news network reports that the boy is the son of Fieri's late sister, Morgan. Since her death last year Fieri and Morgan's parents have sought custody of the boy claiming his father, Dain Pape, "should not get custody because he is 'living out of his motor home' and has no source of income." In a victory for California father's rights, a judge in Marin County "sided with Pape, ruling that he should have custody of his son, and the grandparents must return" the boy to him.

Any California custody dispute pitting parents against grandparents is tragic, and has the potential to be emotionally traumatic for every family member involved. It is important, however, that when a court rules in a father's favor everyone else involved acknowledges that reality and abides by the court's decision.

From the perspective of an Orange County fathers' rights attorney it is important for clients to understand that open defiance of a court order is only likely to make a difficult situation worse. When a ruling is not in your favor the best course is to seek further legal advice and to work through the system. Similarly, if you are fortunate enough to win your case but then have trouble enforcing the court's decision taking matters into your own hands should not be you first course of action. This is a situation where, again, skilled Orange County legal advice is the first thing you seek out before taking any action that might complicate an already difficult situation.

Fox News: 'Minute to Win It' Guy Fieri Dragged into Ugly Custody Dispute

A one-sentence ruling earlier this month by the United States Supreme Court dealt a blow to California father's rights by letting unequal citizenship standards for fathers and mothers stand.

According to an account in the New York Times, the case - Flores-Villar v United States - concerns a father seeking to pass his US citizenship on to his foreign-born son. As the Times outlines: "children born outside the country to an unmarried American parent are considered American citizens at birth if the parent lived in the United States before the child was born. For a mother, the required period of residence is one year. For a father, it is 10 years, five of them after he turns 14."

This blatantly unfair standard was upheld here in California by the Ninth Circuit Court of Appeals. Earlier this month the US Supreme Court affirmed that ruling in an unsigned, one-sentence opinion. The statement noted that the court was divided equally, 4-4, with Justice Elena Kagan recusing herself (presumably because she was involved in earlier stages of the litigation during her previous job as US Solicitor General).

The case will directly impact the boy at its center. As the Times notes, Ruben Flores-Villar was born in Mexico to an American father and a Mexican mother. His father has been raising him in San Diego. The father, however, was 16 at the time of Ruben's birth, making it mathematically impossible for him to have met the five-years-residence-after-age-14 standard, though putting him well within the standard applied to mothers.

As the paper notes, this particular conception of citizenship is built around "outmoded principles when it comes to married couples." The Appeals Court here in California had denied Ruben US citizenship because, it said, the father-child bond "is not so easily established" as that with mothers. As an Orange County father's rights lawyer it is difficult not to acknowledge that this ruling will create problems for more than a few families in our community. As the Times aptly notes: "the days when fathers were assumed to be minor players in parenting are long over." California fathers need to know that we will always be here to help them fight for their rights.

New York Times: The Supreme Court Disses Fathers

The recent revelation that former California governor Arnold Schwarzenegger had fathered an out-of-wedlock child with a member of his household staff was a shock for many. But, as a recent article at the Huffington Post points out, it also provides an opportunity for all of us to revisit some of the more complex Los Angeles and Orange County father's rights issues that can emerge in the wake of an out-of-wedlock birth.

As the website notes, many children are born in similar (though not nearly as famous) circumstances every year. "Not surprisingly, many of these cases end up in court when the parents are at odds about custody, child support and other matters," the site adds.

The piece notes that mothers of children born out-of-wedlock have full custody of their babies in nearly every state pending the establishment of paternity. In most cases, this puts the onus on the father to assert his California paternity rights, usually by going to California family court. Fathers are also, of course, obliged to support their children, generally until they turn 18.

Negotiating the details of agreements concerning paternity, custody and visitation and child support can be complex and, in many cases, contentious. That is why it is essential for any father facing such a situation to have access to the skilled legal advice that an experienced California father's rights lawyer can offer. Clients need to know that their concerns will be taken seriously, and their interests represented in a compassionate, detail-oriented manner.

Fathers have rights and obligations, but their ability to build a strong, enduring relationship with a son or daughter should never become hostage to any conflict with the child's mother. Ensuring that your rights are protected is an Orange County family law attorney's first job.

Huffington Post: If a child is born out of wedlock... is Dad out of luck?

In honor of Father's Day this Sunday, here is a blast from the past blog post from a vindicated father who was able to get his Temporary Domestic Violence Restraining Order Sealed by the Orange County Superior Court.

A letter to Fathers and Families by an Anonymous Client/Vindicated Father
"THIS IS A SIGNIFICANT VICTORY FOR FATHER'S RIGHTS IN THE STATE OF
CALIFORNIA SPECIFICALLY WITH RESPECT TO THE ISSUE OF FALSIFIED
DOMESTIC VIOLENCE RESTRAINING ORDERS.

Gentlemen,

A significant event occurred today in the Orange County California
Superior Court, Lamoreaux Justice Center in Department 64, Judge
Ronald P. Kreber.

I was successful in getting all records, physical and electronic of
the falsified Temporary Restraining Order issued against me on
September 9, 2009 sealed by the order of the court.

I have been tirelessly working at and documenting the FACTS which led
up to the falsified Domestic Violence Temporary Restraining Order
being issued against me on September 9, 2009. My current family law
attorney, Mr. David Schwarz has been relentless but extremely
diplomatic and patient, with my now ex-wife's attorney in getting my
wife's attorney to actually draft the stipulation and order, that was
signed by everybody and signed by the judge.

My attorney, Mr. David P. Schwarz listened to my concerns, stayed with
this issue, and I wrote what seemed to be a million pages of
Declarations, but the final result is that Mr. Schwarz was able to do
what I do not believe has occurred in the State of California thus
far.

Even though Mr. Schwarz did not really have the case law, the codified
sections or the points and authorities to pull this off, he did it
anyway through determination, and having to put up with me as a client
who was screaming and yelling all the time.

For the issue of Father's Rights, the issue of combating the gross
misuse and abuse of the Temporary Restraining Order Process, this is a
significant case. Since Father's & Families has been combating the
abuse of the Restraining Order process for a long time, this case may
provide fuel for other cases and legislative change.

I hope this information helps the cause of Father's Families, and I
think we need to consider the determination of my legal counsel,
Attorney David Schwarz, in correcting a wrong, and hopefully all can
benefit from this decision.

If you have any questions, feel free to contact me, and I am sure that
you will see this case on Mr. Schwarz's Blog, but it is a HUGE step
helping those falsely accused of domestic violence. Of course the
next issue that I will have to deal with is the year's long battle to
re-connect with my children after this huge crisis and the mountain of
parental alienation that I have had to deal with and will continue to
deal with.

From a now happily divorced and vindicated man, but still saddened
from the abuse of my children that this has caused. I hope this helps
the cause of Father's & Families, and I hope that other men falsely
accused of domestic violence resulting in the issuance of temporary
restraining orders, can realize that if the circumstances are present,
and with a little ingenuity can get these things off their records.
Now we have to put in place the laws and the point and authorities to
make these routine.

The bottom line here is that my now ex-wife and her attorney had
finally come to the realization that the facts leading up and
surrounding the issuance of the temporary restraining order issued
against me, were false, they knew they were false, and they knew that
I and my attorney Mr. Schwarz were just not going to give up at
bringing the truth of this situation to the attention of the court.
If my ex-wife and her attorney would have continued with this shrill;
at some point and time she would have risked the possibility of
perjured testimony and possible arrest, so it was better to agree to
the stipulation.

For all of those falsely accused Dads out there, let's use this
example for everybody's benefit.

Thanks."

If you need assistance on an Orange County or Los Angeles domestic violence restraining order, please contact an Orange County divorce attorney for assistance.

A recent article published by Fox News.com raises an interesting question: if a mother won't name her baby's father, where does that leave the dad and his custody rights?

The peg for this discussion of California paternity and fathers' rights is actress January Jones, best known for her role on Mad Men. According to Fox, Jones recently announced that she is expecting her first child. "Unlike most celebrities, however, she refused to name the baby's father, and said through her rep that she intends to be a single mother," Fox reports.

Assuming, for the sake of argument, that Jones did not conceive using a sperm bank, where does that leave her baby's biological father? The article notes that here in California a man who believes himself to be a biological father but who is not named in the child's birth certificate "has a limited time to come forward" and demand a paternity test - two years, in most states. The article notes that something along these lines happened to Padma Lakshmi, host of the TV show Top Chef. Her attempt to be an unencumbered single mother unraveled last year when the baby's father demanded a paternity test and asserted his parental rights after the test came back positive.

If, on the other hand, a single mother refuses to disclose the father's identity and no man steps forward to assert paternity then the child can and will remain legally fatherless.

Of course, asserting California paternity, here in Orange County or elsewhere, has consequences. Parenthood is a serious financial and emotional responsibility. It also, however, includes certain rights which a mother should not be able to deny to a dad simply because she wants to go it alone. An Orange County paternity and fathers' rights attorney can help dads who believe they are being cut out of their children's lives gain the custody and visitation rights they deserve.

Fox News.com: January Jones Latest Leading Lady Not Naming Baby Daddy

A Los Angeles man is taking Japan Airlines to court claiming the carrier "wrongfully helped his Japanese ex-wife leave the United States with their son, despite court orders that the child remain in California," according to an account of the case by Agence France Presse.

The incident goes back to December 2008, AFP reports, when Scott Sawyer's ex-wife Kyoko took their two-year-old son to Japan in violation of a California child custody order. Sawyer has not seen his son since. His chances of doing so are particularly bleak because, as the news agency notes, Japan is one of the world's few wealthy countries that is not a signatory to a 1980 treaty requiring "the return of wrongfully held children to their usual countries of residence." In addition, Japanese courts rarely return children to foreign parents in the context of international child custody disputes.

At first glance this might seem to be mainly an issue of child custody, rather than of
California father's rights. What it spotlights, however, is the uneven enforcement of father's rights, particularly by the travel industry. As many divorced fathers can attest, international travel with one's children is rarely smooth unless the dad is carrying a letter from the child's mother authorizing the trip. Divorced women undertaking similar trips, however, are rarely asked to produce similar documentation.

Parental abduction has been a serious issue for years, and an especially complex one when cases cross national borders. Rules designed to protect the rights of parents need to be enforced evenhandedly, not in a way that favors parents of one gender. Sawyer's lawyer contends that neither Japan Airlines nor the travel agency that arranged the trip took appropriate precautions to protect both parents' rights, despite what the California family law attorney calls "a long list of red flags."

Fathers' rights are an important area of the law, but not the most common one. That is why it is crucial to select an Orange County fathers' rights attorney with extensive experience in this legal specialty. Divorced parents should be treated equally by the law when they travel. A Costa Mesa fathers' rights lawyer can help you ensure that your rights as a parent are respected.

AFP: US dad sues Japan Airlines after ex-wife left with son

A celebrity child custody and visitation case suddenly got a lot nastier last week when mixed martial arts star Chuck Liddell was publicly accused by his ex-wife of kidnapping the couple's son and taking him to California, according to the celebrity-tracking website TMZ. Liddell, in turn, appeared before a California family law court to accuse his ex of neglecting the child.

The case seems to have begun in late March when Liddell traveled to Colorado, where his ex-wife Lori Geyer lives with her current husband, for a visit with the couple's 12-year-old son. Four days later, TMZ reports, Geyer received a call from Liddell's attorney informing her that the boy was in California and would remain there until a custody hearing could take place.

A week later Liddell was in a California court seeking full custody of the boy, claiming his mother had neglected him by leaving a "severe toothache" untreated for "2 or 3 months," and also that "the boy was allegedly abused by being forced to perform physical labor - including snow removal."

It is easy to have sympathy with a father who feels his ex is not properly caring for a child and goes to court in an effort to put the situation right. From an Orange County family law attorney's perspective, however, it needs to be said that taking the child to a different state without notice or permission, regardless of the circumstances, can look a lot like kidnapping in the eyes of the law and is not likely to help one's case.

Grave steps, such as the reopening of a long-settled child custody and visitation agreement should always be preceded by careful consultation with an attorney, particularly when multiple states are involved. An Orange County father's rights lawyer can help clients devise a strategy most likely to succeed in court and, in the process, help guarantee you the deep and significant relationship with your child that every parent wants and deserves.

TMZ: Chuck Liddell's Ex - You Kidnapped Our Son!

TMZ: Chuck Liddell Asks Judge for Full Custody

Custody of Baby Vanessa, the toddler born in Ohio, raised in Orange County and, for most of her short life, the subject of a complex inter-state child custody battle, was awarded Monday to her adoptive mother, Stacey Doss of Rancho Santa Margarita, according to NBC Los Angeles.

I have been blogging about this story since last summer, because it touches on a number of important issues regarding Orange County child custody rights, adoption and father's rights. Last fall Doss won a significant interim victory when an Ohio court ruled that Vanessa should continue living with Doss while legal proceedings unfolded. Yesterday, however, the custody trial (which also took place in Ohio) ended in a clear-cut victory for the Orange County woman, as she was awarded full custody of the girl she has raised since birth.

Doss adopted Vanessa through legal channels, making arrangements with the girl's biological mother while the latter was still pregnant. In the days immediately following Vanessa's birth, however, it became clear that the mother had lied (under oath, in court documents) when she said she did not know who the child's father was. Benjamin Mills, Vanessa's father, in fact, had two other children with Vanessa's mother. The pair have had an on-and-off relationship marked by repeated instances of domestic violence over many years. The two older children are being raised by Mills' mother, who also sought custody of Vanessa as part of the just-concluded legal proceedings, who has legal custody of Vanessa's older siblings.

According to the Los Angeles Times legal scholars are watching the case closely, believing it "had the potential to go to the Supreme Court to explore the issue of children's rights in foster care situations." As a result of yesterday's ruling Doss now has full custody of the girl but the grandmother will have visitation rights. These will be limited at first, but are expected to grow over time as Vanessa becomes better able to comprehend her situation. Mills, the biological father, will be able to see Vanessa only in limited circumstances. According to NBC LA these meetings will have to take place in public places during daytime hours.

Sorting through complex, emotionally difficult issues like these is never easy. Enlisting the assistance of an experienced Orange County family law attorney can, however, be an essential step toward protecting both your rights as a parent - be it biological or adoptive - safeguarding the child's best interests and maintaining the relationship you deserve with your kids.

Los Angeles Times: O.C. mother wins right to keep Baby Vanessa in a case followed by legal scholars

NBC LA: OC woman will keep Baby Vanessa

A recent ruling by an appeals court in Texas is being cited by legal commentators as an important blow for California fathers' rights. The case involves a child custody battle involving a gay couple. Though the ruling came in Texas, the core issues in the case originate here in California and focus on our state's child custody laws. Commentators are calling the case especially important for the ways it may reinforce the rights of adoptive fathers in all parts of the country.

According to an analysis at The Huffington Post the basics of the case are these: A gay couple from Texas traveled to Canada to marry in 2003, and later "registered as domestic partners in California." Because neither gay marriage nor domestic partnerships are recognized in Texas, when they decided to have a child they hired a surrogate in California who was impregnated using sperm from one of the men. "Prior to the child's birth they obtained a pre-birth declaration of parentage under the Uniform Parentage Act, which is lawful in California." Declarations of this kind allow same-sex couples to establish legal parentage prior to a child's birth.

More recently, when the couple broke up, the partner who had provided the sperm attempted to claim sole custody of the child based on his biological link and the fact that Texas does not recognize same-sex unions (and has, in the past, also refused to dissolve same-sex unions contracted in other states). In effect, he claimed that the California declaration of parentage had no validity in Texas and, therefore, he was effectively the sole parent.

Narrowly seen, the Texas court ruling says only that the federal Uniform Parentage Act obliges Texas to recognize the couple's legal California child custody agreement, regardless of their sexual orientation. This has obvious resonance for same-sex couples, but is also potentially significant for adoptive parents caught in complex interstate child custody battles.

The complexities of California child custody law are legion. When other factors make these difficult issues seem intractable a father's best solution is to consult with an Orange County child custody and visitation attorney. Adoptions, same-sex unions and legal decrees from other states can all make a difficult situation seem worse. An experienced Southern California family law expert can offer invaluable assistance in your battle to protect your rights as a parent.

Chelsea Now: California Surrogacy Decree Protects Both Dads, Texas Finds

Huffington Post: "Non-Bio" Gay Dad Prevails in Texas Parentage Battle

A California father is in police custody facing charges of child abduction after allegedly kidnapping his infant son. While this case is unfolding well to the north of Orange County, it is emerging as an object lesson in how a California father who believes his rights have been violated should not act when confronted by legal setbacks.

According to the Associated Press, a statewide Amber Alert was issued last month when 10-month-old Elijah Rivas went missing. The boy's father, Edgar Ramos, age 19, was immediately the central suspect in the case. "Authorities say Ramos took his son... from outside the child's mother's home in Riverdale. The mother had told him she had obtained a restraining order temporarily giving her sole custody of Elijah," the news agency reports.

Area television station KMPH reports that Ramos allegedly took the child to his parents' home near Fresno. His parents eventually convinced him to give up the boy. It was they who called the police. Elijah was not hurt at any time during the incident.

While we assume that the frustration level with one's ex needs to be pretty high before any parent would abduct a child in defiance of a court order, it needs to be stressed that actions like these are never a good idea. Southern California father's rights cases can be difficult, and leave many dads feeling they are fighting an uphill battle against the system. It is important to understand, however, that taking the law into one's own hands almost invariably makes things worse.

Consulting with an Orange County father's rights attorney who can offer detailed, thoughtful advice on California child custody and visitation issues is a far superior approach, whatever one's frustrations with the legal system may be. Having an attorney in your corner who knows the specialized ins-and-outs of Los Angeles and Orange County family law is the best way to ensure that your point of view is represented and your rights are protected by our legal system.

AP via Silicon Valley Mercury News: California man charged with abducting infant son

KMPH.com: Kidnapped Riverdale Child Found Safe in Wasco

A letter to Fathers and Families by an Anonymous Client/Vindicated Father

"THIS IS A SIGNIFICANT VICTORY FOR FATHER'S RIGHTS IN THE STATE OF
CALIFORNIA SPECIFICALLY WITH RESPECT TO THE ISSUE OF FALSIFIED
DOMESTIC VIOLENCE RESTRAINING ORDERS.

Gentlemen,

A significant event occurred today in the Orange County California
Superior Court, Lamoreaux Justice Center in Department 64, Judge
Ronald P. Kreber.

I was successful in getting all records, physical and electronic of
the falsified Temporary Restraining Order issued against me on
September 9, 2009 sealed by the order of the court.

I have been tirelessly working at and documenting the FACTS which led
up to the falsified Domestic Violence Temporary Restraining Order
being issued against me on September 9, 2009. My current family law
attorney, Mr. David Schwarz has been relentless but extremely
diplomatic and patient, with my now ex-wife's attorney in getting my
wife's attorney to actually draft the stipulation and order, that was
signed by everybody and signed by the judge.

My attorney, Mr. David P. Schwarz listened to my concerns, stayed with
this issue, and I wrote what seemed to be a million pages of
Declarations, but the final result is that Mr. Schwarz was able to do
what I do not believe has occurred in the State of California thus
far.

Even though Mr. Schwarz did not really have the case law, the codified
sections or the points and authorities to pull this off, he did it
anyway through determination, and having to put up with me as a client
who was screaming and yelling all the time.

For the issue of Father's Rights, the issue of combating the gross
misuse and abuse of the Temporary Restraining Order Process, this is a
significant case. Since Father's & Families has been combating the
abuse of the Restraining Order process for a long time, this case may
provide fuel for other cases and legislative change.

I hope this information helps the cause of Father's Families, and I
think we need to consider the determination of my legal counsel,
Attorney David Schwarz, in correcting a wrong, and hopefully all can
benefit from this decision.

If you have any questions, feel free to contact me, and I am sure that
you will see this case on Mr. Schwarz's Blog, but it is a HUGE step
helping those falsely accused of domestic violence. Of course the
next issue that I will have to deal with is the year's long battle to
re-connect with my children after this huge crisis and the mountain of
parental alienation that I have had to deal with and will continue to
deal with.

From a now happily divorced and vindicated man, but still saddened
from the abuse of my children that this has caused. I hope this helps
the cause of Father's & Families, and I hope that other men falsely
accused of domestic violence resulting in the issuance of temporary
restraining orders, can realize that if the circumstances are present,
and with a little ingenuity can get these things off their records.
Now we have to put in place the laws and the point and authorities to
make these routine.

The bottom line here is that my now ex-wife and her attorney had
finally come to the realization that the facts leading up and
surrounding the issuance of the temporary restraining order issued
against me, were false, they knew they were false, and they knew that
I and my attorney Mr. Schwarz were just not going to give up at
bringing the truth of this situation to the attention of the court.
If my ex-wife and her attorney would have continued with this shrill;
at some point and time she would have risked the possibility of
perjured testimony and possible arrest, so it was better to agree to
the stipulation.

For all of those falsely accused Dads out there, let's use this
example for everybody's benefit.

Thanks."

For help with an Orange County or Los Angeles County domestic violence restraining orders or any divorce matter, contact an Orange County divorce lawyer.

Photo Source: www.earlychildhoodlinks.com

A California father is trying to organize paternity tests to prove two small girls found in appalling conditions in an Idaho apartment are his daughters, according to an Associated Press report carried in the San Jose Mercury News.

The paper reports that 41-year-old Scott Crossley discovered barely two weeks ago that his estranged wife was arrested in Idaho last December. She now faces charges of felony injury to a child. The charges stem from the twin two year old girls found with her. According to the paper, at the time the mother was arrested the girls were "living in a filthy Idaho apartment with dried feces caked on their bodies." The paper, quoting police, also reports that excrement was smeared on the apartment's walls and that piles of dirty diapers were on the floor and elsewhere.

The children were discovered and rescued when "a passer-by alerted authorities about the girls after spotting them through the window of the apartment."

Crossley's coming battle to assert his California father's rights will turn on the medical tests. According to the Mercury News he and the twins mother split up "in May 2008 over infidelity, about a month before the girls were conceived." The fact that he believes the babies may be his, however, certainly implies that the split was not complete, at least at first. At the time the couple lived here in California and Crossley's wife did not file for a California divorce until later in the summer of 2008. The couple have been married since 2002, according to the paper.

Paternity issues such as these can be extremely difficult and complex. In such situations securing the assistance of an Orange County family law attorney with experience in father's rights cases, as well as divorce and paternity issues, is an essential first step in the battle to protect and enforce your rights as a parent.

AP via San Jose Mercury News: Calif. Man seeking paternity test for Idaho twins

There has been a new development in the long-running custody battle over the toddler known as Baby Vanessa. According to MyFoxLA (the website for TV stations KTTV and KCOP), a three judge appeals court panel has ruled the child can stay with her Orange County adoptive mother, at least for the immediate future.

As I have noted in several earlier posts, Stacey Doss of Santa Ana is the only parent the girl has ever known, but discovered shortly after Vanessa's birth that the birth mother lied when she claimed not to know who Vanessa's father was. The father, who had known nothing of the adoption arrangement, learned of Vanessa's birth after-the-fact and has fought ever since to assert his father's rights and reclaim custody of his daughter.

As I've written in earlier posts, there are several complicating factors. First, the case stretches across state lines (Doss lives in Orange County, the birth parents are both from Ohio) and a number of jurisdictional questions remain unresolved. Second, the biological father, Benjamin Mills, has a checkered past with the birth mother, including charges of domestic violence, and does not care for the several children he already has. These children are cared for by Mills' mother - Baby Vanessa's biological grandmother - who (complication #3) has herself asserted a custody claim.

The latest ruling, allowing Vanessa to remain with Ms Doss for the time being, may have little bearing on the final outcome of the case. As MyFoxLA notes, "a trial over custody is scheduled to begin December 6 in Ohio. The (California) appellate judges today doubted they have any authority in those proceedings." Put another way, the latest decision seems focused more on the short term - the potential disruption of moving the child back-and-forth while the case remains unresolved - and does not necessarily set a long-term precedent.

Whether Mills will look at it this way remains to be seen. Since the idea that she is the only parent Vanessa knows lies at the core of Doss' Orange County custody argument, Mills, in asserting his Orange County fathers rights, could be forgiven for believing that every month the child remains with Doss weakens his chances of eventually obtaining justice in this lengthy, complex case.

These sort of complexities are reminders of the reason our legal system is built around the advice of skilled, experienced attorneys. An Orange County child custody lawyer can offer essential advice and guidance to parents facing the often confusing world of our court system. When facing an Orange County father's rights dilemma, the assistance of an Orange County family law attorney is something few can afford to be without.

WHIO.TV: Three-Judge Panel: Baby Vanessa to Stay in California

MyFoxLA.com: Court: OC Woman Can Keep Custody of Foster Daughter - For Now

A South Carolina man's child custody victory in an upstate New York court Friday is both a heartening sign for Orange County fathers facing custody cases that cut across state lines. It also, however, offers a sobering lesson in just how much of a battle dads can face when they seek to claim their Orange County fathers' rights.

According to newspaper accounts in both New York and South Carolina, a court in New York's Warren County (a mostly-rural area north of Albany) awarded Johnny Smith of Conway, South Carolina full custody of his five-year-old daughter this week after a legal battle lasting more than two years. What has to be shocking for Orange county fathers is that this took so long despite the fact that the little girl was abused while in her mother's custody in 2008 - an offense for which the mother served a year in prison.

Warren County NY did not seek to return the girl to her mother. The Albany Times-Union reports that the mother did not even contest custody. The county, however, argued that Conway's daughter should remain in foster care rather than being reunited with her dad because "all of her medical, educational, mental health and emotional needs are being met" inside New York's foster care system, according to the Myrtle Beach Sun-News. According to the Times-Union, Warren County sought to keep the girl in New York indefinitely because it believes Johnny Smith and his current wife are "financially fragile."

Orange County fathers watching this case are likely to see it as just another instance of a legal system that often appears to be stacked against them. Indeed, while the Smith case does show that justice can prevail when father's rights are in danger, it is also a reminder of how lengthy and emotionally consuming a process asserting those rights often is. When a case this seemingly clear-cut can drag on for more than two years, what hope is there for a father whose case may be more ambiguous - especially if the mother actually does contest child custody? Moreover, when a case, like Smith's, involves more than one state things immediately become more complicated and often move at an even slower pace.

In such cases finding the right Orange County fathers' rights lawyer can be a challenge. It is important to seek an attorney whose practice has dealt with inter-state custody disputes in the past - a lawyer who is uniquely prepared for the special complications, and frustrations, often presented by fathers' rights and parental alienation cases, whether they are based here in Orange County or stretch across the country.

Albany Times-Union: Father's custody quest now fulfilled

Myrtle Beach Sun-News: Judge: Conway father can return from N.Y. with 5-year-old daughter next week

An Amber alert encompassing every state between California and Texas is still in effect several days after two small boys were abducted in Anaheim, allegedly by their father and grandfather. According to reports by KABC television, police are still searching for Abraham Fernandez and his father Louis Mendoza Fernandez five days after Abraham's sons, ages four and two, "were abducted in front of their Anaheim home."

The station also reports that a Monrovia man was arrested over the weekend and charged with assisting in the Orange County child abduction. According to KABC, after initially concluding that the men were headed to Texas, their home state, police now "believe that the boys, their father and grandfather may still be in the area."

The boys and their mother moved to Orange County only three months ago. KABC reports that police know the parents are not married but are unclear which parent currently has legal custody of the boys.

While many of the details of this case remain both unresolved and unclear - including, most importantly, the location of the children and whether they are safe - a few things can be said. Even if Abraham believes he has been the victim of a case of parental alienation, abducting one's children is never a good way to resolve Orange County child custody questions.

If you feel that your rights as a father are not being respected an Anaheim or Costa Mesa fathers' rights lawyer can be your most important ally. Navigating the legal system can be a difficult and confusing process. Fathers, in particular, often come to feel that the courts are stacked against them. An experienced Orange County family law attorney can help you craft a strategy that protects your right to a significant and productive relationship with your children, and puts you in the best possible position to win the California custody rights you deserve.

KABC.com: Man connected with Anaheim kidnapping arrested

Resource:
US Department of Justice - Office for Victims of Crime: Parental Kidnapping page