California Family Law Blog

China, the number one source of international adoptions by Americans says it will tighten its rules on foreign adoptions. People who are single, older than 50, obese, or fail to meet certain physical, psychological, or emotional benchmarks will not be allowed to adopt Chinese babies.

The new rules are a result of the increase in adoptions by foreign-born parents—the number of applicants are far larger than the amount of available babies. In the fiscal year of 2006, the U.S. State Department granted 6,493 visas to Chinese orphans adopted by American parents. The new regulations, to be officially announced by the Chinese Center of Adoption Affairs, will take effect on May 1, 2007.

According to U.S. adoption agencies, the guidelines are intended to have Chinese babies adopted by families that they believe possess the qualities and values essential to making sure that the babies are raised in stable, healthy environments. Adoption agencies are having to turn down applications who don’t fit the criteria.

Criteria for applicants include:

· A body-mass index of less than 40.
· No criminal record.
· A high school diploma.
· Being free of certain health problems.
· Being married for at least two years.
· Having no more than two divorces between a couple; a couple with a divorce in their history must be married for at least five years.
· A combined net worth of at least $80,000.

Since 1991, American have adopted over 55,000 Chinese babies.

Continue reading " China To Impose Tighter Restrictions For Adoptions By Americans And Other Foreigners " »

Anna Nicole Smith must provide saliva samples from herself and her baby daughter for a paternity test to determine the identity of the baby’s father.

The ruling, by L.A. Superior Court Judge Robert Schneider, is a legal victory for Smith’s ex-boyfriend Larry Birkhead who claims he is the father of Dannielynn Hope. Smith has disputed this claim, saying that her lawyer and current boyfriend Howard K. Stern is the baby’s father.

Smith is currently in the Bahamas and enforcing the paternity test order could prove difficult. If she refuses to obey the court order, Birkhead could go on to file a contempt citation and Smith could be arrested whenever she returns to California. Smith recently spent time in San Francisco where she appeared in court. She has spent a number of years fighting with her former stepson over her late husband's (J. Howard Marshall’s) fortune.

Continue reading " California Judge Orders Anna Nicole Smith And Baby To Take DNA Paternity Test " »

In one of the largest billion dollar divorce cases to reach the Texas Supreme Court, attorneys for David Saperstein and Suzanne Saperstein respectively argued over whether Suzanne’s spousal maintenance should be determined by a California court in the state where she resides or by a Texas court in David’s home state. While Texas has a three-year limit for spousal support, the alimony laws in California are much more liberal.

According to Suzanne, David surprised her in July 2005 when he convinced her to disembark from their private jet during a stopover in Houston. Once they were outside the plane, he served her with divorce papers. She later filed her own divorce petition in California where, by law, she is entitled to a larger, more longlasting settlement.

The couple has been married for 20 years. They have 3 children. The youngest one lives in California, while the older two reside in Texas.

Last fall, District Judge Lisa Millard from the Harris County family court agreed with a California judge to divide the support issues between them. Texas was to handle spousal support, while the California judge was to rule over child support and custody. Suzanne appealed Millard’s spousal support order and was denied. She then petitioned the Texas Supreme Court, which is now hearing the case.

Currently, there are competing orders for temporary spousal support. Texas Judge Millard granted Suzanne $33,000 a month, while the California court order a $60,000 a month payment. The $29,500 monthly child support is not in dispute.

Continue reading " In Divorce Case, Question Of Whether California Court Or Texas Judge Will Decide Spousal Support Amount For Billionaire Couple " »

Lacy Woo and Christy Chung, the same-sex couple whose names are on all of the arguments in California’s same-sex marriage court case, are ending their relationship. They have requested that their names be struck from the lawsuit challenging California’s marriage statutes. The two women say they remain advocates for same-sex marriages.

Prior to separating the two women were domestic partners that had been together for 18 years. They have daughter together.

Terminating A Domestic Partnership:
Terminating a registered domestic partnership ends the partnership and makes both persons legally un-partnered persons. Each person will no longer have the rights, protections, benefits, obligations, and responsibilities that they do as registered domestic partners.

Continue reading " Registered Domestic Partners Whose Names Headline Case To Legalize Same-Sex Marriages Decide To Separate " »

A California state auditor has found that only about 50% of domestic batterers that have been ordered to join an intervention program ever complete their training, while up to 25% of the individuals who were convicted of domestic violence never even join the program—nor do these batterers get penalized for the truancy, because the courts are never notified that these individuals did not complete the training.

25,000 convicted batterers, who were supposed to join an intervention program (a year long course that involves counseling), were surveyed for the results, says Elaine Howle, the state auditor. Her office also interviewed probation workers in all 58 California Counties. They also reviewed specific cases in Riverside County, Los Angeles County, Butte County, and San Mateo County.

Officials say the failure to complete an intervention program is probably a cause for repeat offenses.

Domestic Violence Statistics For California:
· In 2004,169 murders were committed as a result of domestic violence.

· California law enforcement agencies reported 181,362 domestic violence calls in 2005.
(Department of Justice, Criminal Justice Statistics Center)

Continue reading " California’s Domestic Violence Intervention Training Program Needs Improvement, According To State Auditor " »

Reality TV star and model Anna Nicole Smith and her ex-boyfriend Larry Birkhead are waiting to hear from a court on whether or not a paternity test will be ordered to determine who is the father of Smith’s baby daughter.

Birkhead has wanted to take the test because he believes that he is 3-month old Dannielynn Hope Marshall Stern’s father. Smith has refused to comply, insisting that her current boyfriend Howard Stern is the baby’s father. Birkhead filed a lawsuit, and the hearing last week at Los Angeles Superior Court was to make the determination about the test. Judge Robert A.Schnider is expected to make a decision next week.

Why paternity test?
· To establish an accurate medical history for the child.
· To prevent disputes in adoption.
· To create a record for immigration.
· To foster peace of mind for all involved parties.
· To obtain child support.
· To determine the birth father.
· To determine the birth mother (cases of switching babies in the hospital shortly after birth.)

Continue reading " Paternity Test?: Anna Nicole Smith And Ex-Boyfriend Wait For Court’s Decision " »

Mountain View father and NASA scientist Anthony Gerard Heyenga is currently at the Elmwood Correctional Facility in Santa Clara County where he is facing a felony parental kidnapping charge. Heyenga was apprehended by police after he took his daughter, then 5, from her mother’s custody and disappeared for two months. He had been in an ongoing child custody dispute with the child's mother.

Heyenga had missed a July 20 child custody hearing and could not be found the next day when it was time for the girl’s mother (Heyenga’s ex-girlfriend) to pick her up. Both father and child were gone. They were apprehended in Coldwater, Mississippi in September at a campground behind an AMOCO gas station just off Highway 306.

Heyenga says that he took the child because he feared for her safety and health. He claims that she had bleeding rashes that he believed were caused by duct tape used on her body. He also believed that one of the mother’s relatives—a registered sex offender who had already molested the mother’s older daughter—could potentially harm his daughter also.

The NASA scientist says he wrote to the FBI and the Department of Justice with his complaints. He said he hadn’t planned to disappear permanently with his daughter. He just wanted a federal judge to pay attention to his case and he thought the interstate journey would create notice.

Continue reading " In Child Custody Dispute, Mountain View Father Talks About The Concerns That Led To Alleged Parental Abduction " »

“Scary” Spice Girl Mel B (Melanie Brown) says that Eddie Murphy is definitely the father of the baby she is carrying. Brown and Murphy dated earlier this year.

Murphy, however, is quoted as saying to a reporter in regards to whether or not he was the father, “And we don’t know whose child that is until it comes out and has a blood test. You shouldn’t jump to conclusions, sir.”

Murphy’s representative, however, claims that the actor never made any such a statement.

In California, when the parents of a child who is born are not married, paternity must be legally established. Both parents can establish who the father’s child is be signing a Declaration of Paternity. If necessary, paternity can be proved by taking a blood test. A man can also prove that he isn’t the father of a child by taking a blood test.

Continue reading " In Paternity Disagreement, Actor Eddie Murphy And “Scary” Spice Girl Mel B Disagree On Whether He Fathered Her Baby " »

A father in the middle of a child custody dispute with his wife over their 5-year-old son posted a listing on Craigslist that offered his son for sale. The boy’s father, Raymond Lawrence Lee, pretended to be the boy’s mother saying:

“I've had him now for five years. I've somewhat abused him, but I cannot control myself or him… I have mental problems. DCF (Florida Department of Children & Families) won't remove him. His father lives in California and has no contact with him. I don't make enough money to support him and myself."

Lee then submitted a second posting, this time pretending to be his 5-year-old son, saying, My mother is a drunk and she beat me.”

Lee and the boy’s mother have been in an ongoing child custody battle over their son since 2002, when moved Lee back to California. Both Lee and the boy’s mother have accused one another of being unstable and unfit to parent the boy. San Diego Police are investigating Lee, in regards to the postings, and he could face criminal charges for the posting.

In California, if parents cannot decide who will have physical and/legal custody of a child, a judge will make that decision for them.

Continue reading " In Child Custody Dispute, A 5-Year-Old Boy's Father Offers To Sell His Child On Craigslist " »

The marriage of Charlie Sheen and Denise Richards is officially over. The divorce process, which Richards initiated in 2005 when she filed for divorce—citing irreconcilable differences—in Los Angeles Superior Court, came to a conclusion last week. The next phase for the former couple is to settle the division of property matter, as well as decide who will have custody of the children. Sheen, who is allowed supervised visits with their two daughters is seeking joint custody. The former couple did sign a prenuptial agreement before they were married.

Because of this, they will not have two divide their assets 50-50 as stipulated by California law in this community property state.

In California, the divorce process is known as the “Dissolution of Marriage.” Once a person who files the dissolution petition at a California Superior Court, the divorce process begins. A divorce petition is served to the other spouse, who (as the respondent), must respond to the petition within a set period of time. In the response, the spouse must either agree to or disagree with the petition and respond to any issues addressed in the petition, including issues regarding:

· Division of property.
· Child custody.
· Spousal support.
· Child support.

Continue reading " Divorce Between Charlie Sheen and Denise Richards Is Final " »

A 28-Year-Old El Cajon, California mother convicted of a felony custody violation charge says she will appeal her conviction and probation sentence. Latonna Witt was tried for failing to return her 10-year-old son to his father after a scheduled weekend visit on July 2005.

The boy’s father found out in October 2005 that Witt had removed their son from the Fort Wayne Community Schools in Indiana and had enrolled him in a California school. Under her child custody agreement, Witt was allowed weekend visits with her son but was not allowed to remove him from the state of Indiana. She was arrested in May. Witt is being ordered to serve 18-months probation.

Under the Uniform Child Custody Jurisdiction and Enforcement Act, a state's court will hear the child custody case if any of the following is true:

· The state is the child's home state.
· The state had been the child's home state within six months before the case started, the child was moved out of the state, and a parent or someone acting as a parent lives in the state.

Continue reading " California Mother Says She Will Appeal Felony Child Custody Conviction " »