Orange County Divorce Lawyer Blog

Last November, a young mother was hacked to death (on her husband's orders) for allegedly daring to divorce him. The trial of the attackers and the husband has finally begun. Apparently, the husband, Harpreet Aulakh, offered £5,000 to other Punjabi men after she had started divorce proceedings.

The young mother, Geeta Aulakh, 28, was attacked outside the Greenford home of the babbysitter of her young children. The killers were lying in wait, knowing exactly where she would be and when to strike her on her way home from working as a receptionist at Sunrise Radio. This is clearly a case of premeditated, first degree murder.

It is unfortunate the people will go to the extremes of murder just because someone files for divorce or contemplates the idea of divorce. There are certainly other options such counseling and therapy if one party does not want the divorce. These options enable the couple to work out their difference and discuss the issues with a third party. Sadly, the people who hurt the most in these situations are those children. With their father in custody and their mother dead, the children will likely be subject to a guardianship proceeding to determine who will care for them without their parents.

An Orange County divorce lawyer can assist in any divorce or guardianship matter. Murder is not a way to resolve things.

Source: Young mother left dying on the street with severed hand on husband's orders

A new study published yesterday by the Pew Research Center spotlights a family law trend that, until now, had been mainly anecdotal: tough economic times leading to a sharp increase in children being raised by their grandparents.

According to the report, 10% of all American children live with at least one grandparent. The report notes that this figure had been rising slowly for a number of years before spiking in 2007-2008. Moreover, 41% of those children are being raised primarily by a grandparent, and while "this figure - 2.9 million children - rose slowly throughout the decade... it, too, spiked from 2007 to 2008. In that single year, there was a 6% increase," the report says. The report is based on an analysis of census data carried out by the Center, a non-partisan research institute headquartered in Washington DC.

As the Washington Post notes in an analysis of the report, the economy "is not entirely to blame" for this situation. In some cases grandparents are stepping in where parents are experiencing emotional or medical troubles to ensure that the children are not placed in foster care. Military deployments to Iraq and Afghanistan also play a significant role in grandparent-as-parent scenarios.

Whatever the reason - and every family, of course, is different - situations where the grandparents take over child-rearing duties can lead to awkward, and sometimes difficult, legal situations. Many families set up arrangements like these informally. While that works for many people, it also has the potential to lead to child custody disputes if the grandparents find themselves reluctant to turn a child back over to his or her parents at some point in the future. Even situations that are completely amicable can become legally fraught if guardianship arrangements are not formalized. A situation might develop, for example, in which a child was denied the opportunity to play sports or travel because a parent is absent but a grandparent is not legally empowered to sign official documents.

For parents and grandparents here in Orange County one of the best ways to ensure that such situations do not develop is to consult with a Costa Mesa, Santa Ana or other Orange County family law attorney as soon as unorthodox California child custody arrangements look as though they might be a possibility. A Costa Mesa child services lawyer can help guide you through the complexities of the legal system, ensuring that the rights of everyone involved remain protected, while always keeping the best interests of the children at the forefront of any discussion.

Pew Research Center: Since the start of the Great Recession, More Children Raised by Grandparents

Washington Post: Grandparents increasingly fill need as caregivers

AP: New report: more grandparents are raising kids

Resources:
GrandparentsRaisingGrandchildren.com

US Government resource page for grandparents raising grandchildren

According to TMZ, the guardianship of Frances Bean Cobain, daughter of Courtney Love, expired last Wednesday, August, 18, 2010, when she turned 18 years old. Since December of 2009, Frances Bean was under the temporary guardianship of her paternal grandmother. It's no secret that Frances' mother, Courtney Love, has had some drug related problems, thus necessitating the need for a guardianship. Although TMZ is reporting the guardianship expired when Frances turned 18, it is interesting to note that the actual Order Appointing Temporary Guardianship specifies an expiration date of February 10, 2010, 6 months prior to Frances' 18th birthday. Not so sure why.

At any rate, I previously blogged about the instances of when a guardianship is necessary. I also outlined the duties of a guardian. If you are exploring California guardianship options, contact an Orange County guardianship attorney for more information.

Source: Courtney Love's Daughter--- Free At Last!

Several weeks ago I blogged about the instances when a guardianship petition should be filed with the court. Today, I will summarize the duties of a guardian after the court approves the guardianship.

California Judicial Council Form GC-248 itemizes the duties of a guardian. Briefly, some of the duties are as follows:

1) The guardian of the person of a child has the care, custody and control of the child. The guardian is responsible for providing food, clothing, shelter, education and all the medical and dental needs of the child. The guardian must provide for the safety, protection, and physical and emotional growth of the child.

2) The guardian has the full legal and physical custody of the child and is responsible for all decisions relating to the child. The child's parents can no longer make the decisions for the child while there is a guardianship in place. The parents' rights are suspended (not terminated) as long as a guardian is appointed for the minor.

3) The guardian is responsible for the child's education. The guardian shall determine where the child will attend school.

4) The guardian has the right to determine where the child lives. Note: the proposed guardian does not have the right to relocate the child out of the State of California unless the court approves of same.

5) The guardian is responsible for the medical needs of the child.

6) A guardian may obtain child support for the child even after the appointment of a guardian. The parents are still obligated to financially support the child.

7) After the guardian is appointed, the court may require the guardian to allow the parent(s) visitation with the child.

For more information on filing a guardianship action in Orange County or if you would like to explore your options, contact an Orange County guardianship attorney.

Stemming from a strange case out of Indianapolis, Shannon Ellis became pregnant two years ago to the surprise of her family members. Supposedly, her husband had a vasectomy and they told everyone the vasectomy was reversed, thereby explaining the surprise pregnancy. This story turned out to be false. Truth be told, through DNA testing, Ellis became pregnant by a 14 year old boy. The 14 year old boy is a relative of Ellis' husband. Ellis allegedly coaxed the boy into having sex. The two of them continued to have sex after she gave birth. Presently, Ellis is facing sexual misconduct charges with a minor and could face up to 10 years jail time.

From an Orange County divorce lawyer perspective, questions begin to arise regarding the welfare of the child. If the mother is in jail and the father is a minor, who will be the best person to care for the best interest of the child? The baby is currently in the care of Ellis' husband. However, a child custody battle is pending between the minor's parents and Ellis' husband.

At this stage, I do not know how the Indiana courts will rule with respect to this type of scenario. However, from a California child custody point of view, it would make sense if guardianship proceedings are involved considering the circimstances surrounding the biological parents.

For more information on Orange County child custody issues, guardianship issues or criminal issues, contact either an Orange County child custody attorney or an Orange County criminal law attorney.

Source: Child Custody fight stems from sexual misconduct case

Not only can an Orange County divorce attorney assist you in your divorce, paternity, child custody, visitation, domestic violence or annulment issue, but we also assist in guardianship matters. Generally speaking, the following four scenarios is when a party would consider filing for an Orange County guardianship:

1) Orphans: Orphans or situations in which the biological parents cannot be found would be a grounds to seek guardianship. In this scenario, petitions for guardianship are filed by members of eah parent's family.

2) Prevention of abuse or neglect: Probably one of the most common scenarios is a porceeding equivalent to a juvenile dependency in which a guardianship is needed to prevent abuse or neglect of the minor. Most of the time, both biological parents have drug abuse problems or the child may be involved in a dometic violence environment.

3) Child has resided in the home of a Nonparent Adult: Another scenario involves a child who resides in a home of a non-parent adult for so long that the child has bonded with the surrogate family.

4) Technical Change of Custody: The fourth scenario involves situations where the parties desire to change technical custody. For example, a minor may be living with her mother and her grandmother (maternal grandmother). The mother is unemployed and the grandmother will need to add the minor to her health insurance policy. In this situation, a guardianship for a technical change of custody would be appropriate.

If you have a guardianship issue or would like to explore whether petitioning the court for a guardianship is appropriate, contact an Orange County guardianship attorney for more information.

In Korea, a new law will not automatically transfer custody to the surviving parent when the parent who had sole custody of a child dies. Instead, the surviving parent will have to be evaluated by a court. The revision was passed in a Cabinet meeting Tuesday and will come into effect three months after it is ratified in the National Assembly.

From an Orange County family law perspective, if a parent who was awarded sole legal and sole physical custody of a child on post-judgment matter died, the surviving parent is not automatically granted custody. In fact, guardianship proceedings will likely have to take place. The surviving parent is not automatically awarded child custody upon the other parent's death.