Orange County Divorce Lawyer Blog

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

Last week I blogged about a potential paternity lawsuit involving pop star Justin Bieber. Now, sources close to the star claim that he will submit to a DNA test to determine whether he is the father of Mariah Yeater's child. Bieber plans to take the test when he returns to the United States from Europe next week.

Additionally, according to the source, Bieber & Co. intend to not only take legal action against his 20-year-old accuser but also hold her lawyers accountable for what the singer's reps have previously described as "malicious, defamatory and demonstrably false claims."

"We will vigorously pursue all available legal remedies to defend and protect Justin against these allegations," the Bieber camp said in a statement last Tuesday.

From an Orange County divorce lawyer's perspective, in order to prove or disprove whether someone is the father of a child, a DNA test is the way to go. Hopefully we can all have peace of mind once Bieber takes the test so we can all put this behind us.

At any rate, if you have an Orange County or Los Angeles County paternity issue, contact an Orange County divorce lawyer for more information.

Source: Justin Bieber will take DNA test, Source says

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?

The Los Angeles County child custody and child support battle between Mel Gibson and his ex-girlfriend, Oksana Grigorieva has been resolved (at last!). According to reports, Mel will pay Oksana the sum of $750,000 over the next five years. Further, Oksana will continue to live in the house owned by Mel until the minor child turns the age of 18. Thereafter, the house will be sold and the proceeds placed in a trust for the child. Additional provisions of the order preclude the parties from publicly discussing each other or their relationship. The Judge also specifically stated that they also cannot write books about each other.

With respect to the Los Angeles child custody issues, the parties will share joint legal and joint physical custody of the child. As part of the parties' duties in sharing joint legal custody, for example purposes only, they must jointly make decisions regarding the following:

1. Enrollment or termination in a particular private or public school;
2. Beginning or ending the regular practice of a religion;
3. Commencement of psychiatric, psychological, or other such mental health counseling or therapy;
4. Change of the child's residence;
5. Passport applications;
6. Enrollment in regular occurring extra curricular activities;
7. Non-emergency medical/dental treatment other than routine checkups.

If you have any concerns about any Los Angeles County or Orange County child custody, child visitation or child support issues, contact an Orange County divorce lawyer for more information.

Source: Mel Gibson Settles Money, Custody Issues with Ex-Girlfriend

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?

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

Could Ryan Phillippe be involved in a paternity case with a woman he once dated? Phillippe's ex-girlfriend, Alexis Knapp, is reportedly pregnant with a baby due in June of 2011. Phillippe has indicated that he will not submit to a DNA test until the baby is born. It was also reported that Phillippe will support the child if it turns out to be his.

From an Orange County divorce lawyer's perspective, it is not uncommon for a party to wait untll the baby is born to submit to a DNA test. In fact, we have seen many cases where the mother has already filed a paternity lawsuit and a request for child support against the potential father. In this particular case, after father took his DNA test, the results came back negative and the mother dropped the paternity case and request for child support against father. Father was not obligated to pay child support to a child that was not biologically his.

If you are in need of an Orange County or Los Angeles County lawyer to assist you in a paternity case, contact a reputable Orange County divorce lawyer for more information. We handle all matters from divorce, child custody, visitation, child support, paternity, among other issues.

Source: Ryan Phillippe: I'll Gladly Take a DNA Test

I previous discussed the child custody battle that was started by Halle Berry's ex-boyfriend, Gabriel Aubry here. Various media outlets reported that Berry appeared in court yesterday for a request to be able to take their daughter to New York so that Berry could film a role in an upcoming movie, New Years Eve. Earlier, Berry had dropped out of the leading role so that she could take care of her custody dispute here in Los Angeles. Berry was subsequently replaced by Katherine Heigl. Now, it appears that Berry will be able to rejoin the case in a smaller role playing a nurse.

Additionally, Berry received another victory in her Los Angeles County paternity matter when the Judge dismissed the petition for custody and support. The dimissal was reportedly at Aubry's request. Regardless, it is good to hear that these two have settled their differences. It is not clear what type of parenting plan or custody schedule has been agreed to as all records in paternity matters are confidential. Regardless, Orange County or Los Angeles County child custody disputes are often times grueling and difficult on everyone involved.

As and for a Los Angeles child support resolution, it is not clear whether the parties reached an agreement for child support. In any Orange County or Los Angeles County paternity matter, issues relating to child custody and child support are often times handled simultaneously.

We stress the importance of hiring an Orange County child custody attorney should you experience any problems relating to child custody, visitation or child support.

Source: Judge suspends Halle Berry's Child Custody Fight Halle Berry Rejoins New Years Eve Cast

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

Padma Lakshmi's ex-boyfriend, Adam Dell (brother of Dell billionaire, Michael Dell) has filed for more child custody of the parties' daughter, Krishna. Apparently, the current custody arrangement only gives Dell seven hours a week with Krishna. Dell also alleges that Lakshmi refuses to grant him more time, thus, necessitating the filing for additional child custody of their daughter.

Dell's lawyer has stated the following:

"[A]bove all else, Dell wants to have an active and substantial role in the upbringing of his daughter with Padma Lakshmi.

Unfortunately, Ms. Lakshmi has severely limited his time with their daughter and has refused to negotiate a reasonable co-parenting agreement. Mr. Dell has tried his best to avoid going to court, but Ms. Lakshmi has given him no other choice at this time."

We do not know the reasons why Lakshmi is denying Dell additional custody and visitation with their daughter but its certainly reasonable for the father to get reasonable custody of the child. If the father and child have a prior close relationship, it is in the child's best interest that the child maintain that relationship with her father. In California, a reasonable visitation schedule for a non-custodial parent would be on alternating weekends. That's not to say that Dell should get the same schedule. Its all case specific and each case should be handled individually.

Regardless, going through a child custody battle is not easy and it can be emotionally straining on both parents. Contact an Orange County child custody lawyer for more information.

Source: Padma Lakshmi Is Being Sued By Venture Capitalist Adam Dell Over Custody Of Their Baby And Her Busy Schedule

When Halle Berry and Gabriel Aubry initially split up, It was reported that the break up was fairly amicable. They purportedly worked out a custody and visitation agreement concerning their daughter. Now, it appears that Aubry has filed a Petition for Paternity with the Los Angeles Superior Court. Filing said documents officially declares that Aubry is the child's father. Additionally, Aubry is also requesting child custody and visitation rights.

When couples are not married, the appropriate route to take in establishing paternity and child custody rights is by filing a Petition to Establish Parental Relationship. Parties may request relief relating to child custody, child visitation, child support and attorney fees and costs. Obviously, unlike a divorce, paternity issues do not involve spousal support or property division issues.

From an Orange County child custody lawyer's perspective, if you are unmarried and have children with your ex-boyfriend or ex-girlfriend, in order to ensure your parental rights are protected, it is definitely a good idea to file a paternity action and request custody relief. You are also able to ask for child support.

For more information, contact an Orange County child custody lawyer for more information.

Source: Halle Berry's Ex to Judge: I'm the Daddy!

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
I

This story sounds very familiar to another story I blogged about on New York Jets' Antonio Cromartie. This time it involves another NFL player, Albert Haynesworth. Turns out Haynesworth is being sued for $10 million by a pregnant exotic dancer who claims to have been knocked up by the football star. The exotic dancer claims Haynesworth impregnated her and then abandoned her.

Silvia Mena, 25, who is nearly four months pregnant, claimed the Washington Redskins player met her in Miami late last year and romanced her during Super Bowl week.

In papers to be filed in a New York court, she said that after Haynesworth, 28, found out about the pregnancy in late February, he promised to "emotionally and financially support" her. But "after making such promises ... Haynesworth has abandoned the pregnant Silvia Mena ... He has refused to provide any emotional or financial support of Silvia Mena or his unborn child."

The documents claim that Haynesworth -- who signed a $100 million contract with the Redskins last year -- refused to talk to Mena from late March.

Haynesworth's assistant reportedly suggested the dancer "seek treatment from an NFL physician," but Mena feared "some effort might be made to purposefully make her lose the child," the papers said.

"It is very stressful. I cry all the time," Mena said Tuesday.

Her lawyer, Salvatore Strazzullo, said he was filing the $10 million suit Wednesday in Brooklyn Supreme Court. "This man is worth millions," Strazzullo said. "She has had to apply for Medicaid to take care of her pregnancy." Haynesworth's agent declined to comment on the claims.

So, there is no doubt that Mena will be going after Haynesworth's deep pockets through a civil lawsuit and potentially a paternity and child support claim once the baby is born. If you are involved in an Orange County paternity and/or Orange County child support matter and wish to seek additional information about your rights, contact an Orange County child support attorney.

Source: FoxNews.com: Pregnant Exotic Dancer suing NFL star

For the past few days there has been chatter that Beyonce is pregnant with her husband rapper, Jay-Z's child. However, Beyonce's rep confirmed that she was indeed not pregnant. What we can confirm is that Beyonce's father and manger, Mathew Knowles has been determined to be the father of his mistress, Alexandra Wright's baby, Nixon. Last October of 2009, Wright filed a paternity action against Knowles and alleged that she had an 18 month affair with Knowles. Subsequently thereafter, Knowles was ordered to pay temporary child support to Wright in the amount of $8,200 per month.

From an Orange County divorce attorney perspective, now that Mr. Knowles has been confimred the father, his obligation to support his child will continue until further order of court, the child turns 18, turns 19 and is still a high school student, dies, emancipates or marries, whichever occurs first. Several media outlets blogged about whether Knowles' child support obligation would increase given that he was confirmed the father. The answer is no. For the most part, child support is based upon timeshare with the child and the incomes of the parties.

If you are involved in a paternity action in Los Angeles County or Orange County, please contact an Orange County divorce attorney to discuss your rights.

Source: Perezhilton.com Beyonce is a Big Sister Again!
TMZ.com Beyonce's Dad-- You ARE the Father