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Southern California Family Law Attorney Blog

California love story fuels discussion of parental rights bill

  • 5
  • July
    2013

In situations where a woman cannot conceive, or is in a relationship with another woman, she may choose to use a sperm donor to become pregnant. At the time of the procedure, she may not be thinking of the future and a time when the father may decide he wants to assert his parental rights and obtain some sort of visitation or custody, but a recent court case involving a famous Hollywood couple has recently brought the issue to the state Capitol.

The couple was involved in a relationship when the little boy was conceived, although their stories differ on how they planned to raise him. According to the mother, she planned to raise the boy on her own, while the father’s representative claims he wanted to be involved in the parenting process. The child was conceived through a medical procedure using the father’s sperm.

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Toddler at center of custody case between grandparents and father

  • 26
  • June
    2013

In California, it is against the law for an adult to have sex with a minor, whether the contact is consensual or not. If a child is conceived during the act, it may be necessary for the grandparents of the child to step up and care for the baby, especially in situations where the adult father is charged with the crime and the mother is young herself. If the parties involved are not able to resolve the issue of child custody on their own and in an amicable way, a judge may be forced to do it for them.

A soldier on leave was discharged from the military under less than ideal circumstances after he impregnated a 14-year-old girl. Although he was tried through a military court and acquitted, the maternal grandparents of the baby want his rights terminated and do not want him to have visitation with the child.

Continue reading Toddler at center of custody case between grandparents and father

Parenting program teaches California detainees how to be fathers

  • 19
  • June
    2013

Teen pregnancy rates are high throughout the country, and it is an unfortunate fact that a person who has a baby in their teens is also likely to participate in other activities that are not legal. If the baby’s father is in juvenile detention, he is not likely to get child custody, nor is he able to care for the baby while he is incarcerated. Rather than assuming that the child and the father will be unable to have a relationship, some California detention centers are focusing on fixing the problem.

In correctional facilities in California and Ohio, young fathers are given a chance to meet with their children and girlfriends regularly through the Baby Elmo Program. Although the visits at first appear to counselors to be more about seeing the girlfriend, they also notice a change in the young men after several visits, as the focus shifts to the child and what they need.

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California insurance policies should be split during a divorce

  • 11
  • June
    2013

In a divorce, most couples are more concerned about the splitting of assets and belongings and determining who is responsible for the care and well being of children involved in the divorce. Property division and child support are important parts of ending a marriage in California, but there is also another part of being married that should be split when the relationship ends, whether it is a marriage or a domestic partnership. In order to protect both people in the future, all financial partnerships within the relationship may need to be examined.

Because delicate matters are often at the forefront of divorce proceedings, many couples fail to deal with the steps needed to separate other important financial partnerships. Insurance policies that are taken out for life insurance, health insurance, car and home insurance, disability insurance, and long-term care insurance should also be changed after the dissolution of a marriage or domestic partnership.

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Divorce and alimony being reconsidered as gender roles change

  • 6
  • June
    2013

When a couple decides to divorce, alimony has traditionally been paid by the husband as a way to recognize his wife’s efforts in staying home and raising the children while he worked and built his career. In most situations, the father is the breadwinner and the mother in the homemaker, and when a divorce happens, the law has traditionally been concerned about how the woman will survive without the financial help of her husband, as she may have sacrificed her own education and career for the promotion of his.

As the economy shifts and gender roles within marriage change, many attorneys have noticed a new trend within the specifics of alimony. Statistics show that almost half of working women currently make more than their husbands, and they are being forced to pay alimony after the marriage ends to support their former spouse.

Continue reading Divorce and alimony being reconsidered as gender roles change

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