Representative Pete Stark (D-Calif), U.S. House member from California on Tuesday introduced legislation that would bar discrimination against lesbian, gay, bisexual and transgender (LGBT) people in adoption cases. The Every Child Deserves a Family Act, HR 3827, which has 33 original co-sponsors, would restrict federal funds for states that allow…
Prior to the passage of Senate Bill AB 1050 recently approved by the California legislature, the children of parents in custody battles have rarely been able to testify in court. Court’s typically obtain information from the child through third parties, commonly court appointed mediators who are often marriage and family…
California does not recognize community property rights between cohabiting couples and does not recognize “common law marriage”, and therefore does not protect those who opt out of traditional marriage or registered domestic partnerships. There are no automatic property rights or support rights under the California Family Code for unmarried cohabitants.…
Potential Client: Good morning, my wife who lives in the San Francisco Bay Area has decided she wants a divorce and has retained an attorney. I received a letter from the attorney stating that my wife is interested in the Collaborative Divorce model and that to use that model I…
Hallelujah! Sometimes courts get it right and the Baby Vanessa case is one of those cases. This is hopefully the end of a three year custody battle over a two-year-old girl that involved the rights of adoptive parents, fathers’ rights and the best interest of the child. Vanessa’s birth mother,…
For those who go to court to determine how much child support should be paid by whom in a typical California divorce, there is a formula used to calculate the amount according to the state guidelines for child support. The formula for the calculation of guideline child support is contained…
The North Dakota legislature has introduced SB 2367 which would require that couples with children seeking divorce must wait one year and undergo mandatory counseling before proceeding. During the one year waiting period, couples would have to participate separately or jointly in at least 10 one-hour counseling sessions. I won’t…
There are so many reasons to end a marriage through the mediation or Collaborative process, rather than resorting to litigation and traditional legal representation. For example, the opportunity to create a positive and supportive co-parenting relationship for the benefit of children and parents, minimizing conflict so that children (and parents)…
Many divorcing couples who wish to resolve the issues in their divorce with their personal and economic dignity intact in order to preserve or create a positive co-parenting relationship for the benefit of their children, or to save money and preserve assets, or for a host of other good reasons,…