Orange County Divorce Lawyer Blog

Orange County Child Custody Battle for Baby Vanessa Takes New Turns

Tue, 27 Jul 2010 22:14:51 -0800

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

Orange County Guardianship- What are the duties of a guardian?

Tue, 27 Jul 2010 08:00:00 -0800

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.

Mel Gibson and Ex-Girlfriend likely headed to Co-Parenting Classes

Mon, 26 Jul 2010 08:00:00 -0800

Given all the hoopla surrounding the leaked tapes of Mel Gibson ranting and threatening his ex-girlfriend, Oksana Grigorieva, and their minor daughter, it is no surprise that a Los Angeles Superior Court Judge will likely order these two to attend co-parenting classes. It is common for parents involved in high conflict situations to attend co-parenting classes. The Los Angeles Superior Court offers a free educational program called "Parenting Without Conflict" to assist parents who are involved in high conflict to understand the effects of parental conflict upon their children.

The program consists of six (6) consecutive sessions from 3:30 p.m. to 6:30 p.m. At the conclusion of the six sessions, a follow-up mediation session is available and may be required for each parenting partner. The goals of the Parenting Without Conflict program is to accomplish the following:

*Understand their children's reaction to divorce and separation at each developmental stage.
*Understand how conflict between parents negatively impacts their children.
*Develop techniques for successful communication and co-parenting skills.
*Practice and model conflict resolution skills

If you are involved in a high conflict child custody situation, contact a Costa Mesa child custody attorney for more information. It is not a good idea to subject the child to a hostile environment. Sometimes the parents forget get wrapped up in their own emotions that they forget about the welfare of the child. Don't let that happen to your child!

Source: Mel Gibson and Oksana Likely Headed for Co-Parenting Classes

Facebook can become a factor in an Orange County Divorce

Sat, 24 Jul 2010 22:51:03 -0800

We have all read stories over the last year or two about college students learning the hard way that filling a Facebook page with drunken party photos can be bad for one's job prospects. Facebook, however, is not just for college students anymore and as the social networking site has grown it has also emerged as a both a potential danger zone for troubled couples and a potential resource for divorce lawyers.

As a recent Associated Press article notes, "the American Academy of Matrimonial Lawyers says 81 percent of its members have been involved in cases using social networking evidence." That should not, perhaps, be surprising when one considers that a 2009 survey by the PEW Internet & American Life Project found that 20% of all adults use facebook to flirt.

Such behavior can be a dangerous prelude to an Orange County divorce case, providing material that one's soon-to-be-ex spouse can find invaluable as legal proceedings move forward. As the AP notes, social networking sites can be a goldmine of information for divorce lawyers, in Orange County and elsewhere, who suspect a spouse has been cheating.

There are lessons here for men and women on both sides of any potential Orange County divorce action. One needs to be careful what one puts on the internet for all the world to see (and users of Facebook and other social media networks should pay careful attention to privacy settings - something which, by most accounts, few bother with). More importantly, when making the decision to move ahead with an Orange County, Los Angeles County, San Bernardino or other Southern California divorce the growing presence and complexity of social media networks makes it essential for clients to seek out experienced divorce and family law attorneys who are aware of the importance of modern technology in preparing a case to be put before a Southern California family court judge.

AP via WKRG.com: Facebook Divorce Dangers

NWCN.com: Facebook & Divorce

Resources:
Pew Internet & American Life Project - Social Networking

Orange County Custody Battle for Jesse James

Wed, 21 Jul 2010 22:59:54 -0800

The continuing soap opera of Reality TV star Jesse James and his porn-star ex-wife, Janine Lindemulder was back, once again, in an Orange County family court last week as the couple disputed custody of their six-year-old daughter. As the celebrity news website Radar Online succinctly put it, "Although both parents love Sunny, they do not trust one another."

As I have noted in several previous posts - see here, here and here - over the last eight months, this Orange County child custody battle has been wrenching and bitter, as well as unusually public. Even as James spent the spring and early summer going through a divorce from Sandra Bullock, he has continued to battle Lindemulder for custody of the couple's daughter - a process that has involved the public trading of some very ugly accusations on both sides.

In the latest round of the ongoing Orange County custody action, Radar Online reports that a court-appointed lawyer told an Orange County Family Law Court that James is a good father. James has had custody of the girl throughout the battle, but the lawyer was assigned to investigate his parenting skills as part of the court case. The lawyer said James was not a perfect parent, and recommended that he attend parenting classes, but also told the court that he should, for now, keep custody of his daughter.

As I have noted in the past, the high decibel celebrity gossip around this case can obscure a deeper truth: that the James-Bullock-Lindemulder battle is not as far removed as it might seem from the sort of break-ups and custody disputes faced by residents of Orange County every day, far from the eyes of paparazzi and celebrity journalists.

Regardless of whether your case is high-profile or not, the very bitterness often engendered by custody battles is the best reason why anyone involved in such a legal action should seek the assistance of an experienced Orange County child custody attorney. With a deep knowledge of California family law, a Costa Mesa custody lawyer can be your most important ally in reaching an Orange County custody agreement that is fair, acknowledges your parental rights and allows you to maintain a major role of your child's life.

Radar Online: Jesse James "Is doing a good job as a father," says court

E! Online: Sandra Bullock Gets Sucked into Jesse's Custody Battle

Shannon Price wants Utah court to recognize her alleged Common Law Marriage to Gary Coleman

Mon, 19 Jul 2010 16:19:13 -0800

In California, we do not recognize common law marriages. In an interesting twist over the battle for Gary Coleman's estate, his ex-wife, Shannon Price is now asking the Utah courts to recognize her alleged common law marriage to Gary Coleman. She requests the commencement date to be the date of the divorce filing through Coleman's death. Ms. Price claims that she and Mr. Coleman continued to live together and they also continued to hold themselves out as husband and wife. Coleman most likely had a will in place awarding his estate to his surviving spouse.

It is also interesting to note that Coleman's ex-girlfriend, Anna Gray, contends that a 2005 document awards her Coleman's estate.

Whatever the case may be, a probate court will have to deal with these individuals wanting a piece of Coleman's estate. Since California does not recognize common law marriages and if you and your live-in partner have an agreement that sets forth any "promises" and if those promises are not kept, your best option would likely not be in a family law court. Contact a Costa Mesa divorce attorney to explore your options.

Source: Coleman's Ex Wife wants Common Law marriage recognized

California Divorce: Elon Musk Tells His Side of the Story

Fri, 16 Jul 2010 14:07:25 -0800

In the latest twist in what is becoming a large - and very public - Southern California divorce proceeding, businessman Elon Musk has published a long essay at The Huffington Post to, in his words, "correct" the public record about his California divorce from ex-wife Justine and his financial situation.

As I originally noted back in May, Justine, a successful novelist, has taken to blogging about her divorce, using the public forum of the internet to defend her contention that the couple's post-marital agreement was "extremely harsh" and needs to be renegotiated. Several weeks later word began circulating in the business press that Musk was essentially broke - subsisting on loans from friends "and spending $200,000 a month while making far less."

In his Huffington Post article Elon Musk, one of the founders of PayPal, seeks to address the image those reports created: of a man so rich that he felt he could not scrape by each month on what, for most Americans, is a head-spinning sum of money. While stating that "I never said... I was "broke" or even that I lacked considerable assets," Musk claims that the vast majority of that monthly figure - $170,000 - is going to the accountants and lawyers working on his divorce-related issues. Another $20,000, he says, goes to Justine each month with the remaining $10,000 covering his own living costs. He also goes out of his way to defend his continued use of a private plane, saying it is essential to his work as head of both SpaceX, a company trying to bring commercial uses to space exploration and Tesla, an auto company that is preparing to launch an all-electric car aimed at consumers.

The on-going, very public, feuding of Elon and Justine Musk is a painful reminder of just how bitter and stressful some Orange County and Los Angeles divorces become. It is also a reminder how important it is to have an experienced Orange County divorce lawyer in your corner when entering this adversarial process. If your ex, or soon-to-be ex, is trying to complicate the California family law and divorce process or turn friends and neighbors against you by putting private details into the public domain, it pays to have an Orange County divorce attorney working on your behalf to correct the distortions.

The Huffington Post: Correcting the Record About My Divorce

RFK Jr. files for divorce from wife

Fri, 16 Jul 2010 08:00:00 -0800

It was reported earlier this week that RFK Jr. has filed for divorce from his wife of 16 years, Mary Richardson Kennedy. Mary Kennedy is RFK Jr.'s second wife and they have four children together. RFK Jr. divorced his first wife back in 1994 and they have two children together.

RFK Jr's divorce comes on the heels of the drunk driving incident involving his wife. Mary Kennedy was arrested on May 15 after a police officer witnessed her driving her car over a curb near their home in Bedford. Police report that Mary had a blood alcohol level of 0.11%. The legal limit is .08%. On May 28, Mary was arraigned but RFK Jr. did not appear for said arraignment.

Certainly, alcohol related problems can trigger one spouse to file for divorce. If you and your spouse are experiencing marital problems, divorce may the way out. Contact an Orange County divorce lawyer for more information.

Source: Kennedy Divorce: Robert F. Kennedy Jr., divorcing wife Mary Richardson Kennedy

Larry King calls off his Divorce to 7th Wife

Thu, 15 Jul 2010 08:00:00 -0800

Looks like Larry King has filed a Request for Dismissal of his dissolution of marriage action from his 7th wife, Shawn Southwick. It was reported that Larry King and his wife are going to work on reconcilation. He was quoted as saying that he looks forward to spending more time with his wife and two kids. Well, good for Larry King and Shawn Southwick! If couples can work on their marriage, then by all means, please do so. This situation also happened to Sean Penn and Robin Wright Penn several years ago.

If a couple decides to divorce and later they change their mind to work on their marriage, it is certainly possible to cancel the divorce process by filing a Request for Dismissal. However, if later down the road reconciliation does not work out, the divorce papers will have to be refiled with the court again. Also, keep in mind that the date of separation will also be changed in light of any reconciliation attempts.

If you and your spouse are considering an Orange County divorce, be sure about the decision you both are making. Contact an Orange County divorce attorney for more information.

Source: Larry King Divorce OFF Shawn Southwick, King back on

Orange County Divorce or Legal Separation?

Wed, 14 Jul 2010 08:00:00 -0800

So, you and your spouse decide that you want to end your marriage. However, you both cannot deicde whether you want to file for dissolution of marriage or legal separation.

For the most part, most people choose to dissolve their marriage entirely. A judgment for dissolution of marriage terminates the marriage and restores the parties back to their unmarried, single status. Filing for legal separation is also another alternative for people who want to separate their lives like people who file for dissolution. However, those who file for legal separation elect to remain legally married whether it be for religious reasons or other personal reasons such as maintenance of health insurance coverage, qualification for derivative social security benefits, or eligibility to obtain certain military benefits. A judgment for legal separation basically determines the same issues that a judgment for dissolution does except that it does not set a date for termination of marital status. After a judgment for legal separation has been entered, if later down the line you wish to terminate your marital status, a separate action for dissolution of marriage to terminate marital status may be filed.

If you are contemplating an Orange County divorce, please contact a reputable Orange County divorce attorney for additional information.

California Domestic Violence: Mel Gibson's case headed to Criminal Court

Tue, 13 Jul 2010 08:00:00 -0800

Wow...last week the internet as a buzz over the plethora of California family law and criminal law issues involving Mel Gibson and his ex-girlfriend, Oksana Grigorieva. Talk about a relationship gone really ugly. Turns out that Mel Gibson is now going to be investigated by the District Attorney for alleged domestic violence, child endangerment and assault with a deadly weapon charges. Gibson's case will be referred to the Los Angeles District Attorney's office for felony review. Again, this is a perfect example of a family law matter that crosses over into criminal law issues. It's very common to see these crossovers. Indeed, typically, if someone is involved in a domestic violence dispute, most likely a temporary restraining order is issued ordering the perpetrator to stay at least 100 yards away from the victim. Often times in emergency situations, the police are called to the scene of the incident and an Emergency Protective Order is issued to protect the victim. In serious situations, depending on the crime, criminal charges will also be filed.

If you have an Orange County domestic violence issue and/or an Orange County criminal law issue and wish to obtain further information about your rights, contact an Orange County family law/criminal law attorney for more information.

Source: Mel Gibson Case Headed to D.A.

Southern California Custody Battle Looms for Melissa Etheridge

Mon, 12 Jul 2010 22:55:38 -0800

Media reports indicate that a Los Angeles County child custody battle looms for rocker Melissa Etheridge as she moves to dissolve her California domestic partnership with Tammy Lynn Michaels.

The details of the California dissolution action - or what we appear to know of them - are in dispute. Celebrity website TMZ.com says that Etheridge's attorney has argued that Michaels should not receive "financial support" from the singer. People magazine, however, reported Monday that Etheridge is currently giving Michaels "$2000 a month and pays household bills including utilities and a car lease," citing a person it, too, describes as Etheridge's counsel.

The couple have been together nine years and are parents to three-year-old twin boys. Michaels is the children's biological mother via an anonymous sperm donor, according to TMZ. The site notes that couple registered as domestic partners nearly a decade ago, but did not formally wed during the four and a half months in 2008 when California allowed same-sex marriages.

If People is correct, a California child custody fight appears to loom for the former couple. The magazine reports that Etheridge "is seeking joint custody of their twins, while Tammy is seeking full custody."

Orange County, Los Angeles and other Southern California child custody disputes are often difficult and emotionally charged. When other factors that may complicate the case are involved - significant assets on the part of one party, a same sex couple or lack of a pre-nuptial agreement, for example - it becomes all the more important that you seek the advice of an experienced Orange County divorce and family law attorney as soon as possible. An Orange County custody lawyer can offer advice tailored to your specific circumstances with an eye on protecting all of your parental rights as a California divorce or dissolution action moves forward.

People Magazine: Attorney: Melissa Etheridge is paying Tammy's bills

TMZ: Melissa Etheridge's Ex files for Custody

California Spousal Protection Bill Approved

Mon, 12 Jul 2010 08:00:00 -0800

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

Details Leading to Grammer's California Divorce Disputed

Thu, 08 Jul 2010 23:10:04 -0800

Celebrity websites were abuzz last week with news that Kelsey Grammer's wife, Camille Donatacci, has filed for a Southern California divorce. The couple have been married 13 years and have two children, an eight-year-old girl and a five-year-old boy, according to PopEater.com. The site reports that Donatacci lists "irreconcilable differences" as the reason for the split, and that she "is seeking joint legal and physical custody of the children."

A number of websites claim the final straw for the couple, and spark for their California divorce, was Grammer's alleged failure to phone his children when he was away from home on father's day. The actor responded with a note on his website rejecting that account of the situation and calling it "malicious".

Grammer is best known for his portrayal of the character "Fraiser Crane" on the 80s TV show "Cheers" and its long-running spin-off series, "Fraiser". Donatacci, according to PopEater, once modeled for Playboy and is now a regular on a reality series, "The Real Housewives of Beverly Hills".

Both Grammer's web posting and a statement released through what TMZ calls a representative for Grammer and Donatacci asked that the couple's privacy be respected as the California divorce process moves forward.

That desire for privacy is something that anyone suffering through the emotional ups and downs of a Los Angeles, Orange County, San Bernardino or Ventura County divorce can sympathize with. Even when a California divorce is the best course of action for both parties, that does not mean the process will be painless. This is the point at which an experienced and compassionate Orange County divorce and family law attorney can offer invaluable help, support and advice that can help smooth your path through this complex and confusing legal procedure, while ensuring that your rights under the law are respected at all times.

TMZ.com: Kelsey Grammer's Wife Files for Divorce

TMZ.com: Kelsey Grammer Was Done with Marriage

PopEater: Kelsey Grammer Slams 'Malicious' Father's Day Rumor

Child Support: Withholding Gambling Payoffs for deadbeat parents

Thu, 08 Jul 2010 08:00:00 -0800

In Indiana, a new law now requires Indiana casinos to withhold gambling payoffs to deadbeat parents. The State is now trying to implement an online tracking system that will allow casinos to check the names of people against a separate database of people who owe child support. The program is expected to go into effect in 2011.

The catch is that only those people who win enough money to trigger federal tax reporting forms will have to go through the check. Casinos give W-2G tax forms to people who win $1,200 or more from slot machines. There are other limits for other types of gambling.

Once the new system is online, a casino will check a winner's name when it issues a W-2G tax form. The casino will be able to check a real-time data bank from the Indiana Department of Child Services to see whether the person owes child support. Further, State taxes will first be taken from the winnings.

Indiana hopes to collect $1.2 million once the program is running. A representative states that 300,000 to 500,000 checks of winners will yield only about 400 people who owe back child support.

This sounds like a good idea to me! I previously blogged about the consequences of one's failure to pay California child support here.

If you are faced with an Orange County child support issue, contact a reputable Orange County child support attorney to immediately discuss your options.

Source: Law will hold casino winnings of deadbeat parents