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Southern California Family Law Attorney Blog

Woman initially ruled a surrogate wins right to seek custody

  • 25
  • October
    2013

In the majority of cases, regardless of whether she gives birth in California or another state, when a woman acts as a surrogate mother for another person or couple, she does not typically have any parental rights for the child she carries. There are some situations where a woman may retain certain rights, but in those cases, they often sign surrogacy agreements relinquishing those rights before the birth. For some same-sex couples, however, surrogacy laws and arrangements can become somewhat complicated.

According to reports, a woman in Nevada recently won the right to pursue seeking child custody for a child that she gave birth to. A lower court had initially denied her petition for custody on the basis that she was only a surrogate. The woman reportedly carried and gave birth to the child, but the child was conceived through the implantation of one of her partner’s eggs, which had been fertilized by an anonymous donor.

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Judge rules death row inmate cannot seek visitation of child

  • 11
  • October
    2013

Regardless of whether or not a child’s mother and father have an amiable relationship, in most cases, both parents have rights when it comes to their child, the least of which is the ability to see and interact with them. For any number of reasons, however, a custodial parent may decide they do not want the other parent to see the child, which often prompts non-custodial parents throughout the Inland Empire, and the U.S., to take legal action to obtain visitation with their child.

A man in prison who was seeking access to his child reportedly had his request denied by a New York judge recently. The death row inmate was pursuing paternity action in order to seek court ordered visitation with his son. He and a female prison guard reportedly conceived the child during an inappropriate relationship they participated in between March and April of 2012.

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Child custody arrangement separates David Tutera’s twins

  • 27
  • September
    2013

For both same-sex, and opposite-sex, couples in San Bernardino, settling child custody issues can be one of the most difficult aspects of finalizing the dissolution of a civil union or a divorce. Often times, both parents believe they know what is best for the child and, if those opinions do not mesh, it can make tenser an already emotionally charged situation.

A temporary child custody agreement has reportedly been reached between reality TV star and wedding planner, David Tutera, and his estranged domestic partner. The pair, who is in the process of dissolving their almost 10-year civil union, shares two children, a set of fraternal twins. Tutera is the biological father of one of the twins, who were carried by a surrogate, while his ex-partner fathered the other. According to reports, the arrangement stipulates that the twins will be separated, with each man being granted sole custody of his biological child.

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Judge deals blow to singer’s ex-wife in custody battle for son

  • 29
  • August
    2013

Many people are fascinated with the lifestyles of the rich and famous, and the Internet has created a prime environment for being involved in every aspect of a person’s private life. Although they may be famous and make more money in a month than many people make in a lifetime, there are times where the lives of famous people seem to mirror those of other, regular people living in California. This is highlighted by the recent child custody battle between the popular singer Usher and his ex-wife over their young son.

After their five year old son came close to drowning while the singer was out of the home, his ex-wife filed for custody of their son claiming that they were being watched by a sitter or nanny when they should have been with their mother. The boy’s hand was caught in a pool drain and he was freed after two men working on the home pulled him out of the water.

Continue reading Judge deals blow to singer’s ex-wife in custody battle for son

California paternity bill for sperm donors put on hold

  • 20
  • August
    2013

Being unable to conceive a child can be a devastating event for any couple, and there are fortunately other medical options for those who can afford them. In California and many other states, couples have the opportunity to try artificial insemination or in vitro fertilization to increase the chances they are able to conceive a child. If the couple breaks up in the future, the laws regarding paternity rights for sperm donors may be a little murky, and a recent case has sparked new interest in the topic of child custody in these situations.

After conceiving a child with his girlfriend through artificial insemination, a California man feels he should have custody rights even though the couple broke up. The girlfriend claims he never intended to be involved in the child’s life, while the man disagrees and claims he always intended to be a father regardless of the status of the relationship.

Continue reading California paternity bill for sperm donors put on hold

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