California Family Law Blog

Who can forget Alec Baldwin’s infamous voicemail left for his 11-year old daughter in which he is ranting and raving, calling her a “rude, thoughtless little pig” and lashing out at his ex-wife, Kim Basinger? It appears Baldwin became enraged when his daughter, Ireland, failed to take his call at a pre-arranged time, prompting him to leave her the voicemail in which he tells her he that he is tired of playing games with her and threatens to fly out to her to straighten her out. Upon hearing the message, Basinger requested a closed door emergency custody hearing at the Los Angeles family court. When the voicemail was played in court, the judge temporarily suspended Baldwin’s visitation rights.

The Basinger v. Baldwin custody battle has been waging on for years since the couple’s divorce in 2001 and is one of the nastiest in Hollywood history. Until the infamous voicemail was leaked by the press, the couple’s daughter, Ireland, had been living in Los Angeles with Basinger while Baldwin lived in New York and enjoyed regular visitation. Following the leak of Baldwin’s angry voicemail to his daughter, the actor publicly apologized but the damage had already been done with the court’s suspension of Baldwin’s visitation rights.

Following the suspension of Baldwin’s custody rights another hearing in this matter was called at which time Baldwin’s custody rights were expected to be reinstated. However, it appears that the judge overseeing the case ruled in Basinger’s favor. Although details of the closed door hearing were not revealed, Basinger’s attorney told reporters that they were “very, very pleased with the judge’s thoughtful decision and fully support what she did here today.” What this incident shows more than anything is how child custody disputes often times continue to be hotly contested following divorces as well as the damaging effects such ongoing battles have on all parties involved, especially children. This case is a prime example of what not to do during a child custody dispute which is difficult in any case but especially so when the parties are in the celebrity spotlight.

Your son or daughter is going through a divorce, or perhaps the divorce is finally granted; what are your rights as a grandparent to continue seeing your grandchildren? Although your son or daughter could not make the marriage work, you have always maintained a great relationship with your grandchildren; what can you do? The Family Code provides that a court may award reasonable visitation rights to any other person having an interest in the child’s welfare, this includes grandparents.

Continue reading " San Jose Divorce Lawyer discuss Grandparent Visitation " »

What would you do for one million dollars? Ten million? One hundred million? This question is commonly asked of people in jest, yet it has become all too serious in the bitter divorce battle between Sir Paul McCartney and his estranged wife, Heather Mills. Santa Clara County divorce lawyers are astounded at the news that Mills has rejected McCartney’s offer of a $100 million divorce settlement on the grounds that it included a stipulation that she sign a gag order disallowing her from talking or writing about the couple’s married life together. Reports have surfaced that Mills offered to take half of the money, as long as the gag order was not included, but McCartney would not agree to these terms. Although McCartney has remained fairly quiet about what stands to be the most expensive divorce settlement in British history, he admitted to British Radio Times that his divorce is a “very painful thing” and that “the only solution is to remain dignified.” Divorces in the entertainment industry tend to be extremely high profile, and the McCartney-Mills divorce is certainly no exception. However, McCartney asserted that “if [he] doesn’t keep a silence about it, [he] lose[s] this idea about being dignified.” Apparently, however, not even $100 million is enough to keep Mills silent.

Continue reading " San Jose Family Law Attorneys Astounded at Mills Snub of McCartney Divorce Settlement Offer " »

In a region as diverse as the San Francisco Bay Area, it does not seem possible that racial tensions would prevent prospective parents from adopting a child of a different ethnic background. Nevertheless, in recent months, publications from various metropolitan areas throughout the United States are reporting on the trends and pitfalls of transracial adoptions, and our San Jose adoption attorneys believe that it is highly important to take notice of this issue. One should never be dissuaded from bringing a new child into the family, but it is also critical that a person considering adoption enter the situation “with eyes wide open,” according to Billy Hancock, a family recruitment specialist from Seattle. Maddy Day, a family development coordinator from Redmond, WA agrees. She believes that many parents interested in adopting a child walk into the process with “naïve bliss,” and fail to consider obstacles or difficulties that may arise once that child is no longer an infant.
Although adopted children will certainly begin to take notice of physical differences between themselves and their parents as they reach maturity, this stage of development can be dealt with quite smoothly if the adoptive parents have properly prepared themselves to address the inevitable questions. Many Santa Clara County adoption resources are easily accessible –it is only a matter of knowing where to look. In addition to assisting with the legal process, a good adoption attorney can help adoptive parents seek resources such as classes, literature, and parenting associations that focus specifically on issues surrounding transracial adoption.

Continue reading " Creating the New American Family: The Transracial Adoption Option " »

Our Fremont divorce lawyers recognize that the decision to move forward with a divorce is never an easy one. The family attorneys in our Fremont and San Jose offices stumbled upon a recent article in USA Today that explains five common mistakes people make when dividing their finances during a divorce, and the information contained in this article could be very helpful to anyone facing a similar situation.
1. Many couples scrambling to obtain a divorce settlement wish to keep the house at any cost. However, financial experts say that more attention should be given to who can afford to maintain the property, pay the mortgage, and manage the taxes. While it is possible to ask for spousal support to help make the mortgage payments, unexpected maintenance costs may pop up, and make home ownership more of a liability than a luxury.

Continue reading " USA TODAY: TOP 5 MISTAKES COUPLES MAKE IN A DIVORCE " »

Over the past several months, those following the child custody dispute between Britney Spears and Kevin Federline would describe the troubled pop starlet’s behavior as “erratic”, at best. Now, it appears that Santa Clara County family law attorneys can add “erratic court filings” to the long list of unstable behaviors exhibited by Ms. Spears. In an apparent moment of desperation, Britney decided to file an emergency court motion on October 10 in an attempt to receive expanded visitation rights with her two boys. Since the October 1st hearing, at which she was ordered to hand over 1-year-old Jayden James and 2-year-old Sean Preston to their father until further review by the court, Spears has mysteriously managed to pass a couple of drug tests and a driver’s exam. Does this qualify her as a fit mother who deserves unmonitored overnight visits? Our San Jose child custody attorneys found the following quote by Federline’s attorney, Mark Vincent Kaplan, to be an interesting assessment of Britney’s legal savvy:
“The fact that a party, one week after a full court hearing, attempts to change the orders of the court, in the absence of an emergency or without any new facts, suggests a continued lack of respect and understanding for what an order of the court actually means.”

Continue reading " Oops! She's At It Again: Santa Clara County Child Custody Attorneys Examine the Britney Spears Emergency Custody Filing " »

They say that money cannot buy happiness. Yet, to those who desire luxurious material goods, the pricey homes, manicured lawns, and luxury automobiles nestled among the rolling hills of Palo Alto and the tree-lined streets of San Jose’s Rose Garden District symbolize a level of comfort highly coveted by the average American. Nevertheless, while a life steeped in wealth may seem intriguing and desirable to many, a new report published by Forbes Magazine today indicates that spending power does not equal staying power when it comes to moneyed marriages. According to the study, conducted by Connecticut firm Prince and Associates, nearly 50% of America’s wealthiest citizens indicate that they are stuck in unhappy marriages, and over 50% of those surveyed report that they have been or are currently involved in an extramarital affair. It comes as no surprise to our family law attorneys in Santa Clara County that one third of the individuals surveyed for the study were examining divorce as an option.
In the experience of family attorneys in Monterey County or Santa Clara County, where there are many wealthy residents, divorce is a financially intimidating prospect, but not an impossibility. If a person is in an irretrievably broken marriage, it is better to research divorce as a solution than to give up and exist in a miserable or unfaithful relationship.

Continue reading " Santa Clara Family Attorneys Examine the Lifestyles of the Rich and Unfaithful " »

Do parents always have priority over grandparents? Our Santa Clara family attorneys, who have worked with many grandparents’ rights and child custody cases, have confronted custody struggles between parents and grandparents in numerous contexts, and a highly contentious child custody case that is currently unfolding in Huntingdon, Tennessee, indicates that there is not always an easy answer to this question. For the last year and a half, Mary Winkler’s children have lived with their father’s parents, and now Mary wants them back. She has served a small jail sentence, and is now free on probation.
Her jail sentence, however, was for shooting her husband to death with a shotgun that she does not remember pulling out of the bedroom closet.

Continue reading " How Far Do Grandparents' Rights Extend? " »

As lengthy divorce cases go, no Santa Clara County divorce trial in recent history can beat the recent divorce trial of Connecticut travel magnate Peter Tauk. After 86 days in the courtroom and $13 million in legal expenses, Tauck’s divorce trial was finally settled, awarding the Westport man sole custody of his children and the ability to keep the majority of his assets. Upon reaching settlement, Judge Holly Abery-Wetstone reflected that “this case represents not a victory for either parent, but a tragedy for everyone involved.” The four offspring of Peter Tauk and his wife, Nancy, have been at the center of one of the longest divorce trials in recorded American history—a battle that included a mother’s scathing allegations of sexual abuse by the father, and ended with the judge ordering that both parents undergo treatment for alcohol addiction. In the end, Nancy Tauck ‘s claims that her husband subjected their children to ongoing abuse were found to be “false and spurious” by Judge Abery-Wetstone, who restricted Nancy’s future contact with the children to 10-minute daily telephone calls, and supervised visitation for an unspecified amount of time.

Continue reading " 86-Day Tauck Divorce Trial Outlasts Any San Francisco Bay Area Divorce Trial in Recorded History " »

The rapidly proliferating use of methamphetamines in Santa Cruz County is having a devastating impact on families in the county, according to a new report entitled “the Methamphetamine Snapshot.” The study, released on September 21, seems to indicate to Bill Manov, administrator of the Santa Cruz County Alcohol and Drug Program, that things are not headed in a positive direction. In Manov’s eyes, “we haven’t seen it peak yet,” a statement that is based on the fact that meth gained popularity in Santa Cruz County later than in the rest of the country, is cheap, and is in fairly high supply. In terms of methamphetamine’s effect on families, the sample sets used in the study provide grim indications of what will happen if meth use does, in fact, continue to rise. Approximately one-third of individuals currently enrolled in a Domestic Violence Batterers’ Program reported that they previously used meth, over 50 % of children enrolled in the Youth Services treatment program are admitted users, and close to half of the 362 minors involved in Family and Children Services with Santa Cruz County had parents with a history of proven or alleged methamphetamine use. Nearly 60 percent of the children in the latter study were under the age of 5.

Continue reading " Santa Cruz County Sees Devastating Impact of Meth Use on Families " »

The tabloids and blogsites were abuzz last week with stories about the intensifying child custody dispute between Denise Richards and Charlie Sheen, and this story has not gone unnoticed by our Santa Clara County Family Lawyers. Richards and Sheen, who divorced while the actress was six months pregnant with their daughter Lola, are currently hurling accusations of poor parenting back and forth, as the media intercept the juiciest tidbits. The latest allegations from the Richards camp were revealed in a custody action filed by her attorneys on Wednesday. The action describes Sheen as an “unfit parent” who displays “inappropriate behavior” around unidentified young women, and even goes so far as to accuse him of exposing himself on the internet. Undoubtedly, Richards is attempting to paint a portrait of her estranged husband as an uncontrollable pervert who should not be allowed custody over their two young daughters, (ages 3 and 2,) and Sheen has responded to these recent charges as being “absurd and sick.”
Sheen’s team, however, is not without its own ammunition. Stories reporting bizarre, erratic, and unstable behavior by Richards are trickling their way into tabloid publications such as Star Magazine, which reported that Richards is insanely jealous of Sheen’s new fiancée, real estate agent Brooke Mueller. Although Richards has reportedly attempted to palliate the situation by spending time with Sheen, Mueller, and the two girls, it has been reported that these occasions are often strained and awkward, and have even ended with Richards locking herself in the bedroom with both girls, sobbing about what a horrible person her former spouse is.
But what about the children? The most disturbing information to surface in this story is that Lola and her sister, Sam, throw frequent temper tantrums, and behave in a manner more commonly observed in older children enduring the strains of divorce. When both parties in a custody battle continually spew negative accusations against one another, the individuals who suffer the most are certainly the children. Family law attorneys should be sensitive to this fact, and assist their clients in reaching a child custody settlement that is in the best interest of the children. It is not necessary for dueling parents to like each other, or get along with each others’ new partners; rather it is imperative that children caught in the middle of the battle feel as safe and stable as possible whether they are under the care of one or both parents.

October is designated as National Domestic Violence Awareness Month, and San Francisco Bay Area family attorneys are aware of several notable events occurring in Santa Clara County that address this serious issue. Among these events is the Walk to End Domestic Violence, which will take place from 11:30 a.m. to 1:30 p.m. at San Jose City Hall, and culminate with a free community lunch and informational fair at Cesar Chavez Plaza. Additionally, individuals who wish to seek resources related to domestic violence may do so at an information fair at Palo Alto high school on October 30 between 6 and 8:30 p.m.
As indicated by the recent tragic case of 6-year old Oscar Jimenez Jr., the San Jose boy who was allegedly beaten to death by his mother’s boyfriend, it is vital that people in the Bay Area and across America educate themselves on this issue. According to court documents that have surfaced in the Jimenez case, Samuel Corona had a long history of domestic violence charges that eventually culminated in the murder charges he is currently facing. In fact, police records on Corona indicate that his years of imprisonment were the only years he did not face criminal charges for some type of violent incident. After meeting his first girlfriend, Stephanie Love, at the age of 13, Corona embarked on a path of continual run-ins with the law that evolved into episodes of domestic violence once Love became pregnant with his child. After fleeing Arizona with a warrant out for his arrest, he eventually landed in San Jose, California, where his pattern of violence continued with his new girlfriend, Kathryn Jimenez—the mother of Oscar Jimenez.
Perpetrators of domestic violence generally have a history of engaging in violent episodes. If you or someone you know is affected by domestic violence, our Bay Area family lawyers advise you to seek legal help immediately. The case of Oscar Jimenez should serve as a sad lesson to anyone involved in a violent relationship –the cost of failing to seek the appropriate help could be inestimable.

Just when you thought you were done hearing about Lindsay Lohan…at least for the duration of a 90-day rehab stint…the troubled starlet has resurfaced in this week’s latest tabloid divorce. Although Lohan has managed to stay out of drug-fueled car chases, she has managed to land her name in the middle of a 52-page divorce petition filed by British Heiress Stephanie Allen, who claims that her marriage to bad-boy British rocker Tony Allen is “irretrievably broken” on the grounds of “adultery” and “cruel treatment.” Although the heiress’s filing does not specifically name Lohan, her affidavit reports that she was “bombarded by telephone calls alerting [her] to the fact that [her] husband’s conduct with another woman was on the internet and in gossip magazines.” Several gossip magazine articles that speculate about the possibility of a Lohan-Allen affair at the time of their rehab stint were submitted as attachments to Stephanie Allen’s affidavit. Internet tabloid aficionados will recall that rumblings of a Lohan tryst with a mystery rocker were floating around the blogosphere during the summer of 2007; however, nothing was confirmed or denied by either party at the time. Now, the rumor mill is churning with speculation as to how the impending divorce proceedings will pan out for all parties involved. Those following this story at our Fremont and San Jose Law Offices are not certain as to whether the Allen marriage involved a prenuptial agreement, but the British musician’s wife is reportedly worth 720 million pounds, which is certainly something Tony Allen should have considered before embroiling himself in this unfolding scandal. If Mr. Allen is found to be “guilty of habitual drug addiction” as well, it does not seem very likely that he will succeed in the potential custody battle that could ensue over the couple’s eight-month-old twins.

Divorce lawyers in Santa Clara, Alameda, and Monterey Counties are certainly familiar with the relationship between divorce and real estate. Spouses who have not worked could view the real estate market as their ticket to financial freedom, provided that they are able to win a settlement that is sufficiently bolstered by a large amount of equity. Conversely, the breadwinner could decide that a division of community property would still afford him or her a comfortable single life. Therefore, the decision to separate may be palliated, or even solidified, by a profit made from selling the marital home. According to a recent article in the Chicago Tribune, unhappy couples caught in the middle of a “real estate-enabled divorce” are scrambling to cash in on their homes and make a quick profit on their equity. This trend is especially notable in areas where those who have managed to hold on to their homes in the midst of a faltering real estate market could stand to generate a sizeable profit.

Continue reading " Divorce and Real Estate " »