California Family Law Blog

A man who gave his sperm to a woman when they were dating has agreed to pay limited child support. Michael Wilford and Christine Harris reached the settlement two years after she filed a lawsuit against him requesting child support for her twin daughters.

According to Harris, she and Wilford had been in a loving relationship when they had talked about having children and he agreed to donate his sperm so she could become pregnant through in-vitro fertilization. Wilford, however, claims that he and Harris were just dating at the time and that he donated his sperm to help her fulfill her dream to have children. He also says that he was duped into signing documents establishing paternity.

The Chicago businessman will help pay for the 3-year-old girls' "reasonable and necessary" living expenses, including medical bills and their anticipated college tuition.

In the state of California, if a man is established as a child’s legal parent, he must financially support the child. It is considered a crime to not pay child support in California.

Continue reading " Sperm Donor Agrees To Pay Child Support To Ex-Girlfriend " »

A man who is a federal corrections officer at the Victorville Federal Penitentiary has been arrested for domestic violence, for allegedly beating his live-in girlfriend so badly that she had to be hospitalized. Officer Robert Thompson already had prior domestic battery convictions before this incident, and officials from the San Bernardino County Sheriff’s Victorville station say that under California law, he should have been fired from the penitentiary and lost his firearm privileges upon his first conviction.

A detective investigating the case says that the man had been beating his girlfriend for the last few years, but that this time, he had kicked her head, ribs, and face, rendering her unconscious to the point that she had to be hospitalized.

The woman then left the area, afraid for her safety, and hospital workers were the ones who reported her injuries to police. Thompson tried to evade police and continued working at the penitentiary where he was later arrested on domestic violence, assault with a deadly weapon, and suspicion of criminal threats. In certain cases, use of a body part to inflict serious and potentially fatal injuries can be considered as using a deadly weapon.

At Sagaria Law, P.C., or attorneys are experienced at helping people who have been the victims of domestic violence. We can help you obtain a temporary restraining order (TRO) that will prevent the violent party from approaching you, your home, your place of work, or your vehicle. A TRO can protect you from the person that is abusing you, and we can accompany you in court where we can help you prove your domestic violence case.

Continue reading " Federal Correctional Officer In Victorville, California Is Arrested For Domestic Violence " »

The date for legally determining the identity of the father of former Playboy model and Reality TV star Anna Nicole Smith’s baby has been pushed back. A judge in Los Angeles postponed the deadline for a required paternity test. The reason for the delay is that the physician who has been tasked with collecting the DNA sample does not have the necessary work permit to do so in the Bahamas. A new hearing has been set for February 7.

Smith’s daughter was born in the Bahamas last year on September 7. Her 20-year-old son, Daniel Wayne Smith, died three days later while visiting her at the hospital. Smith’s ex-boyfriend, Larry Birkhead, later filed a paternity claim stating that he was the father of baby Dannielynn Hope Marshall Stern. Smith disagrees with this claim and says that her current boyfriend and attorney Howard K. Stern is the father of Dannielynn.

A man who legally establishes that he is the father of a child has certain legal rights, along with the child’s mother, over that child, as long as the child is under 18 years of age) including:

- Where the child will live.
- Where the child will go to school.
- How to bring up the child.
- What religious faith the child will follow.
- What type of medical care the child will have.
- Their child’s lifestyle.

Continue reading " In Anna Nicole Smith Paternity Lawsuit, Judge In California Postpones Deadline For DNA Test " »

Writer-director Alexander Payne does not want to pay his ex-wife, actress Sandra Oh, spousal support. In his response to her divorce claim, he is asking a court to deny the Grey’s Anatomy star her request for spousal support. The couple was officially divorced last December, but they have not yet settled their financial affairs.

In California, there are a number of factors that a judge must consider before ruling on spousal support. These include:

- The needs of each person.
- The number of years the marriage lasted.
- The amount of money each person makes.
- The potential of each person to make money in the future.
- How much support a person is able to pay.
- The overall health and fitness of each person.
- Whether one person must stay home to take care of the children.
- If there was a history of domestic violence in the relationship.
- Who owns what property or owes any debts.
- If one person’s earning potential is less because they took time off from work to help the other person build their career or stay home with the children.

Continue reading " In Divorce Proceedings, Sideways Director Alexander Payne Files A Response Refusing To Pay Spousal Support To Actress Sandra Oh " »

According to new findings by the U.S. Department of Justice, domestic violence incidents seems to have gone down by more than 50% from between 1993 and 2004. This, however, does not accurately bring to light the often-ignored problem of male victims of domestic violence.

The DOJ’s National Crime Victimization Survey was conducted by talking to members of sample household regarding crime. Participants were asked questions such as, “Did you call the police to report something that happened to you which you thought was a crime?” and “Has anyone attacked or threatened you?” During these questions, male victims of domestic violence were more likely to respond “no” than were their female counterparts.

According to research results, male domestic violence victims are less likely to report such crimes. A lot of men reportedly believe that police officers won’t take them seriously. They may also worry that their female abusers will turn the tables on them and claim that they were abused instead. Fathers who are victims of domestic violence may also worry that reporting the abuse could lead to a legal separation and divorce, which could result in their abuser getting custody of the children.

According to the survey’s results, men were less likely to see the domestic violence abuse they suffered as a crime. Many of them also considered asking for help to be cowardly or unmanly. They also seemed to see their female partner’s violence as just her being “moody,” “angry” or “hormonal.”

Continue reading " DOJ Report Offers New Insights On Male Victims Of Domestic Violence " »

The number of foreign children adopted by american citizens dropped significantly last year. Countries that were affected by this decline included Russia, Ukraine, China, and South Korea. There were, however, an increase in foreign adoptions in Liberia, Vietnam, Ethiopia, and Haiti.

According to the U.S. State Department, international adoption figures dipped from 22,728 in 2005 to 20,679. For the 15 years prior to last year, these numbers had been dramatically increasing.

In China, the number one source of foreign adoptions for Americans, figures there fell from 7906 to 6493 last year. In Russia, previously the number two place for adoptions, the rate of foreign adoptions from there dropped to 3,706. Romania has banned adoptions by foreign parents, unless they are related to the child. Kazakhstan and Ukraine are now making it mandatory for foreign parents to turn in regular reports about their adopted children.

Guatemala, now the number two spot for adoptions by U.S. parents, saw their number of foreign adoptions grow to 4135. This figure, however, may change this year. The US is scheduled to ratify the Hague Convention on Intercountry Adoptions. The pact has tough standards that Guatemala doesn’t meet and adoptions from there could be suspended.

Continue reading " In The United States, The Number of International Adoptions Go Down In 2006 " »

U.S. Senator Joseph Biden is drafting a new bill that would create a network of 100,000 legal volunteers who would work for domestic violence victims. Biden is the author of the 1994 Violence Against Women Act that developed and funded federal programs to aid domestic violence victims.

Studies by the Institute for Law and Justice and the National Center for Victims and Crime say that only 170,000 low income survivors of domestic violence obtain legal representation for their case each year. This figure is less than 20% of the more than 1 million people who become victims of domestic violence annually.

Biden believes that domestic violence is an issue that needs to be addressed every year by the government. "Combating violence in the home is like cutting the grass," said Biden.

If approved, Biden’s bill would develop a network of attorneys willing to volunteer their services in representing domestic violence victims. The bill would also establish a fund to help lawyers who spend most of their professional life representing domestic violence victims by making it easier for these attorneys to pay back their school loans.

Continue reading " U.S. Senator Biden Drafts Bill For Domestic Violence Victims " »

A new California law will let grandparents petition a court for visitation rights if their grandchild has been adopted by a stepparent. The law is based on Assembly Bill 2517 by Assemblyman Van Tran that was signed into approval by California Governor Arnold Schwarzenegger last August.

As with the already existing laws regarding grandparents’ rights in California, visitation would then be granted if a court found that maintaining the grandparent-grandchild relationship was in the grandchild’s best interests.

“When situations arise between adults, children are often the ones that lose; they have no rights when visitation issues occur with grandparents,” states Tran. “Children should be allowed to know and maintain loving relationships with their grandparents.”

According to AB2517, SECTION 1. Section 3104 of the California Family Code is amended to read:

3104. (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of the following:

Continue reading " In 2007, New California Law Also Lets Grandparents File For Visitation If Grandchild Is Adopted By Stepparent " »

Pop Superstar Britney Spears and her husband Kevin Federline have agreed to a temporary child custody agreement for the month of January.

Under the terms of the agreement that was filed in Los Angeles County Superior Court, Spears and Federline—they are in the middle of the divorce process—will share legal custody of sons Sean Preston and Jayden James. Spears, however, will retain a majority of the physical custody over her two sons while Federline may only spend four hours a day on Mondays, Wednesdays, and Fridays with the boys. During those time periods, although Spears can be physically present, no one is allowed to interfere with Federline’s time with his sons. Federline is also granting permission for Spears to take their sons outside California to Florida for several days.

In her divorce petition, Spears requested sole legal and physical custody of their sons. A few days later, Federline made the same request.

Nolo.com tells you what you need to file for a temporary order in a custody case:

· A request for the court order you want. In some states, the forms you need are called an Application for Order to Show Cause (OSC) and an Order to Show Cause. An Order to Show Cause is a simple, fill-in-the-boxes legal form or short typed legal document that sets out what you are asking for -- such as a temporary child support order. It orders your spouse to come to court at a specific date and time and explain ("show cause") why the court should not grant this request.

Continue reading " Britney Spears And Kevin Federline Agree To Temporary Child Custody Agreement " »

California court officials say 80% of Californians filing for divorce try to do so on their own without an attorney and often not very successfully. 30% of these petitions have not been finalized because of the complex paperwork and court procedures involved. Officials and legal experts say that they are concerned that many couples are not aware that their divorces have not been finalized.

At a legal services center in Van Nuys, California, officials say that every month they see approximately 20 people who did not file their divorce papers correctly. There have even been situations where a couple has filed for divorce, remarried, and later found out that their divorce never became finalized.

In the state of California, in order for a couple to get divorced, one spouse must file the divorce papers at their Superior Court and serve them to the other spouse. A divorce cannot become final until at least six months after the papers have been served.

The general steps for filing a divorce in California:
1. The petition to dissolve the marriage is filed by one spouse and served to the other spouse (known as the Respondent).
2. The Respondent has 30 days to reply.
3. One of the parties may file an Order to Show Cause hearing where the judge may make temporary child custody or support terms. The judge may even issue a restraining order against one of the spouses.

Continue reading " Court Officials Say Many Californians Try To Handle Divorces Without An Attorney And Fail " »

Singers and former real life/reality tv couple Nick Lachey and Jessica Simpson have finally settled the division of their financial assets. Although the couple’s divorce was finalized earlier this year, they just recently signed a "written stipulation" regarding their financial situation in Los Angeles Superior Court.

As the couple did not have a prenuptial agreement prior to their marriage, each spouse was entitled, under California law, to half of the financial assets acquired by both of them during their marriage. Simpson was reportedly the moneymaking spouse, earning $36 million during that time. She reportedly refused, however, to give half of her earnings to Lachey.

Under the new agreement, Lachey won’t receive $18 million, but he will receive significantly more than the $1.5 million she had initially offered to give him. Details of this new agreement are being kept private.

Community Property State
The state of California is a community property state, which means that all property acquired by a couple during the marriage is considered "community property" and—unless otherwise agreed upon or barring a premarital agreement—must be equally divided in terms of total net value when the marriage is dissolved.

Continue reading " Divorced Couple Jessica Simpson and Nick Lackey Settle Division of Financial Assets " »