After 60 long years of marriage, Michael Jackson's parents announced that they would be getting divorced.  Katherine Jackson is allegedly tired of her husband Joe's cruel behavior.

Five years ago, the couple became estranged and Katherine reportedly decided to file for divorce after 81-year-old Joe suggested that she was to blame for Michael's death.

Joe Jackson, who was accused of abusing Michael while he was a child, said in June, "I baked her to go over and stay with him, but she insisted he needed his privacy."  The couple started living separately five years ago. 

Katherine currently has child custody of Michael's children Prince, Paris and Blanket.  She resides in the family's Encino mansion while Joe Jackson lives in Las Vegas.

If you are having difficulties with family law issues such as child custody or divorce, contact our law office to get help from a Los Angeles family lawyer today.

This week, it is reported that the closed-court child custody hearing between Mel Gibson and his former girlfriend, Oksana Grigoriev, ended without much finality.  It is reported that no changes were made in their custody arrangement.

Lead attorney for the actor, Blair Birk, and other attorneys appeared in Scott Gordon's downtown courtroom just before 4:30 PM.  When asked questions by the press, each responded "no comment".

The lawyers all met behind closed doors, spending the time arguing over Oksana Grigorieva's motion to have all access and custody rights removed.  Her legal team made it clear that she does not want Mel Gibson to see their eight month old daughter.

At this time, it is said the couple will have to appear in court in the near future for the restraining order Oksana Grigorieva had against Gibson.

Need assistance with a family law matter in L.A.?  If so, contact Claery & Green to speak with a Los Angeles family law attorney!

How to Make Co-parenting Work During a Divorce

When you're going through a divorce your spouse is usually the last person that you want to be cooperative with.  However, being able to effectively co-parent with your spouse is the most important part of the process for your children.  Here are a few co-parenting guidelines that you should strive to follow:

1.       Make aparenting plan with the other parent and agree to stick with it.  This should include issues involving schools, extra-curricular activities, etc.

2.       Make a list of rules for your children that will be enforced at both households and agree on the punishment if these rules are not followed.

3.       Never, under any circumstances, fight with the other parent in front of your children. 

4.       Refrain from making negative statements about the other parent directly to your children or in the presence of your children.

If you have legal issues with your child custody matter, contact Claery & Green, LLP today.


Nicole Negron, Esq.
Claery and Green, LLP

If you are involved in a same-sex relationship or are 62 years of age or older, you should know that here are numerous domestic partnership benefits in the state of California.  Some of the benefits include:

§  the ability to use step-parent adoption procedures.  Domestic partners that are registered have the ability to go through the same adoption proceedings as those used by step-parents.

§  the ability to have child custody of children of domestic partners.  If parents are registered as domestic partners, the laws of California assume that domestic partners are parents.

§   the ability to make medical decisions for your partner and the right to visit your domestic partner in the hospital.

§  the ability to inherit property if your domestic partner dies before he or she has created a will.

§  the ability to use sick leave to care for a domestic partner or even a domestic partner's child.

These are just some of the many benefits that domestic partners get to enjoy.  If you would like to learn more about domestic partnership and your rights, contact a Los Angeles family law attorney!

Child custody has a large bearing on how child support is determined in a divorce settlement. In California, both parents are financially responsible for their child. When full custody is granted to one parent, that parent is considered the custodial parent, and their financial obligation is considered fulfilled.

The non-custodial parent is typically required to pay child support to the custodial parent in order to fulfill their financial obligation, and the amount of child support to be paid is determined by the percentage that each parent contributed to the couple's joint income during their marriage. When custody is split, who pays child support is determined by income during the marriage and also the percentage of time each parent has physical custody of the child.

Typically, the parent who pays child support is required to do so until the child turns eighteen, begins active military duty, or is emancipated by a court. Child support also ends if parental rights are terminated through adoption.

If you have questions about child support in California, take the time to speak with Los Angeles family lawyer by contacting Claery & Green today!

Recently, news sources reported that Francis Bean Cobain is in the middle of a serious conflict with her mother.  Francis is the sole child of alternative singers Kurt Cobain and Courtney Love.

Reports indicate that Love already lost child custody of Francis last year.  While the cause of the lost custody has not been made public, it was revealed that the Cobain Trust Fund suffered a loss of $8 million.

At this time, Francis remains under the guardianship of Wendy O' Connor, Kurt Cobain's mother.  Last January, the trustee that was overseeing Francis' trust fund handed the rights over to O'Conner and separated Love from the fund.

At this time, news sources say that the child custody matter will be dealt with separately from the issues surrounding the trust fund.  Back in 1997, the trust fund was established for Francis after her father died in 1994 without a will.  Francis is the sole beneficiary of the trust which has been the subject of controversy.

If you need assistance with a child custody matter in Los Angeles, contact Claery & Green to discuss your case with a Los Angeles family law attorney.

When involved in a custody, dissolution or any family law dispute, an individual faces the most personal and difficult moments in his or her life.   It is very important that my clients feel that their rights are being protected and that their concerns will be heard.  This is why I am committed to being an aggressive and zealous advocate for my clients.  I have much compassion for my clients who are struggling to cope with their emotionally demanding family issues, and I have made it my ongoing objective to be at my best when approaching my clients' goals.

Erica L. Grand

Attorney at Law

Claery & Green, LLP

Family law encompasses a wide variety of legal issues such as: child custody, support payments, divorce, domestic partnerships and restraining orders. As a family law attorney you are called upon to act on behalf of your client during what is often one the most troublesome times in their life. The stakes and emotions are extremely high and your rights must be protected.  

That is why my number one objective is to be a zealous advocate for my clients' rights. As a zealous advocate, it is my job to effectively communicate with my clients to develop the important facts, apprise them of the law, and keep them continuously updated about the status of their case. As a zealous advocate, I am ready to fight for my clients' rights until the very end.

The family law court system can be very frustrating. If you or a loved one is involved in the system, you need a zealous advocate to help you fight your way through.    

Kyle Puro, Attorney at Law
Claery & Green, LLP

Every time the month of June comes, it is the end of the school year for kids in California.  For parents that are dealing with child custody matters, dealing with the summer months can be quite tricky because kids' routines.  If you are a sole or joint custodian, here are some summer survival tips that will help you with:

1.  Plan an exciting trip.  During the summer, your kids are not in school so you have more flexibility.  This is the perfect time to plan a local or long distance trip.  Not only will you get to spend some quality time with your children, but you may also have the chance to get away from your day-to-day stresses.

2.  Stay in touch.  If your child custody situation changes and you will be spending more time away from your child, try to stay in touch with regular phone calls.  You can even purchase a separate cell phone for your child so you can call him or her routinely.

3.  Take your mind off your worries.  If your child has to go on visits or will be staying with his or her mother for a prolonged period of time, try to engage in activities that alleviate your stress and that take your mind off of your daily worries. 

If you need assistance with a divorce or child custody matter in L.A., speak with a Los Angeles divorce lawyer by contacting Claery & Green today!

According to paperwork filed in a Southern California court on May 17, Jesse Jame's former wife, Janine Lindemulder is asking for joint child custody of the couple's daughter, Sunny James, as well as child support and attorney's fees.

Lindemulder, a former porn star, has asked a court judge to force James to help her as she relocates from Oregon to Southern California and give her a 50-50 custody split of their child. The mother claims that she is currently working for Campus Marketing Specialists making $8.50 an hour. She claims that she brings in $1,170 a month from her job in addition to an average of $1,610 in royalties from her pornographic films and web content. She is currently married to Jeremy Aikman, 32, who reportedly earns $500 a month, and Lindemulder claims that she currently lives in a halfway house.

If you're facing an ugly custody battle, a Los Angeles family lawyer Claery & Green can help you. We'll work hard to ensure that your rights as a parent are protected.  Contact us now!

A legal action brought to determine a parent-child relationship is known as a paternity action. A paternity action will result in a court decree establishing the relationship and ordering custody, support, and/or visitation of the child involved as necessary. Such an action may be brought at any point after conception, even before the child is born in order to obtain help paying for pregnancy and birth-related expenses.

If paternity is admitted, then an agreement to that effect is drawn up and signed by both parents, but if paternity is denied, then the father can be ordered by the court to take a paternity test. The paternity test generally admitted by California courts is the HLA tissue test. This test involves taking blood samples from both parents and matching genetic factors to the child's blood. Results are highly accurate and are typically accepted by the courts.

Issues of custody, support, and visitation are resolved after paternity is established. If a written agreement cannot be reached by both parents, then the court will make the necessary orders.

If you are facing paternity or other family law issues, talk with Los Angeles family law attorney who can help you weigh your legal options by contacting Claery & Green!

Actor Jon Cryer has been engaged in a bitter legal battle over child support payments to his ex-wife, Sarah Trigger. However, Cryer's battle appears to be over.

The actor was required to pay Trigger $8,000 monthly in support costs, despite Cryer having primary custody of the former couple's nine-year-old son, Charlie. Cryer went to court to request that his monthly payments be dismissed.

The case was settled at a hearing earlier this month, and the outcome was sealed by the presiding judge. However, Trigger's lawyer told TMZ.com, "We're relieved it's over." Trigger and Cryer divorced in 2004 after five years of marriage.

Cryer currently stars in the popular sitcom, Two and a Half Men.

Claery & Green understands how difficult divorce can be, particularly when children get drawn into the proceedings. If you are facing a custody or child support battle, contact a Los Angeles family lawyer who can help you get through this difficult time.

In an article written by Honorable Anne Kass, a learning experience begs to be heard. Anne Kass is a District Judge in the Second Judicial District State of New Mexico. In her eyes, the father involved in the following custody case should have been named "Father of the Year." Here is what occurred. The father involved in a custody battle happened to be a policeman and was divorced. On many occasions as part of his job, he would go out on domestic abuse calls. On one particular instance, he responded to a call where a husband and wife were in a heavy argument and the son was present, feeling quite obviously upset. The son asked the officer if he could do something to get them to just stop fighting. The officer, not knowing how else to calm the teenager, gave him his phone number and said he could call him when ever he needed a friend and upon occasion, the son did so.

One evening, the son called the officer but could not reach him. Later that same evening the officer was called to a home responding to a teenage suicide. It was the son and he left a note saying that he guessed the only way to get his parents to stop fighting was to kill himself.

The officers own court appearance for his custody case was scheduled just a few days after that event and in the words of Judge Kass, this is what happened. "He walked into the court proceeding and said, "I will agree to my son leaving New Mexico with his mother and coming back to see me during school breaks and holidays. This fight is over."

"This father gave his son the most loving and generous gift in the world. He gave his son peace. The cost of the gift to the father was enormous, not in money, but in time with his child, which is priceless and can never be replaced. If you are involved in a child custody case and need some expert help, contact a Los Angeles child custody lawyer at Claery & Green at 310-362-2273.

One of the most emotional parts of a divorce can be trying to make decisions when there are children involved. One is supposed to make decisions "In the best interests of the child." But what does this really mean? 

The words "best interests of the child" have no one, single meaning. This is why laws in most states define "best interests" by listing a number of factors. Generally, judges are directed to look at the following factors:

• the wishes of both parents;
• the wishes of the child;
• the relationship between the child and his parents, siblings and other important people in his life;
• the child's adjustment to home, school & community; and
• the emotional & physical health of everyone involved.

Most people would agree that the best interests of the child should largely be geared toward the type of relationship and bonding the child has with each parent. Where will he be happiest? Letting the child have a say is often in his best interests, not merely what the parents think is best. The focus is "in the best interests of the child."

If you are involved in a child custody matter, let the experienced Los Angeles divorce attorneys at Claery & Green help you come to decisions that are important and need to be made correctly from the beginning. Contact us for a consultation at 310-362-2273.

Judges and experts from the United States and 14 other countries recently met in Washington D.C. to address the problem of relocating a child to another country.

When a parent wants to move with their child to another country, against the wishes of the other parent, the decision to allow or deny the parent's right to relocate has been determined on a state-by-state, county-by-county, courtroom-by-courtroom basis, mainly because there isn't a set of guidelines for judges to consider when making a ruling in these types of cases. Hence the reason for last month's meeting.

The three-day meeting proved successful, with participation from the United Kingdom, Australia, New Zealand, Argentina, Brazil, Canada, France, Germany, Egypt, Mexico, Spain, India, and Pakistan. By the end of the three-day meeting, the participants had adopted and issued the "Washington Declaration on International Family Relocation," which provides a framework outlining what should be considered by judges to standardize how international relocation cases are handled.  The following is a list of some of the recommendations listed in the declaration:

• All states should adopt legal procedures that address parents' rights to relocate with children
• Reasonable notice should be provided before relocating
• The child's best interest should always be the first and most important consideration
• Mediation should be used, as well as a voluntary settlement relocation agreement
• Standard factors that should always be considered in international relocation cases include:
  • The right of the child to maintain personal relationships with each parent
  • The child's views and opinions about the relocation (if of an appropriate age and maturity)
  • Existing child custody or visitation arrangements
  • The reason for relocating
  • A history of any domestic violence or abuse
  • How the relocation would affect the child's schooling
  • Employment
• All countries should sign both the 1980 and 1996 Hague Conventions, which provide a clear framework for international cooperation on relocation issues

If you and your child's other parent are involved in a dispute over relocation or child custody, a San Diego divorce lawyer at Claery & Green can help. We have a great deal of experience in family law, and can help you achieve your legal objectives by aggressively advocating and protecting your parental and legal rights. Furthermore, we understand that few things in life are as emotionally taxing as a legal issue involving your children, which is why we dedicate ourselves to doing whatever we can to help you resolve your legal matter successfully.

Contact Claery & Green at (619) 299-2008 or (760) 526-0440 to schedule an appointment to discuss your case!

Bad boy Jesse James may lose more than just his marriage to actress Sandra Bullock. He may also lose custody of his 6-year-old daughter Sunny.

Sunny's mother, porn star Janine Lindemulder, is trying to regain custody rights to her daughter. Last year a judge awarded full custody to James. But Lindemulder believes the only reason James was awarded custody is because he and Bullock could provide a more stable environment for the 6-year-old. This past year James has been raising Sunny with the help of Bullock while Lindemulder served time in prison for tax evasion. But now that Bullock has left the family home amid allegations that James cheated on her with multiple women, Lindemulder feels she has chance to win back some custody rights.

A hearing has been scheduled for June 14, where Lindemulder will have a chance to plead her case. Until then, Sunny will remain in James' custody.

Sometimes child custody issues turn ugly, and when they do, it's important to have an experienced and dedicated child custody attorney on your side. At Claery & Green, we have represented clients on both sides of a child custody dispute--those wishing to obtain child custody rights and those needing to protect their current custody rights.We also have experience helping clients throughout Los Angeles seek a modification of a current child custody arrangement. If you have a legal matter or issue you'd like addressed by an experienced Los Angeles child custody lawyer, please do not hesitate to contact Claery & Green today to schedule a consultation.

An interesting trend is emerging in family law courts across the country: more and more men are being awarded primary custody of their children.

In the past, women were awarded primary custody without blinking an eye. It was just commonly accepted in society that women stayed home and raised children while the men went to work. But as the social dynamics began to change in America, the courts needed to re-evaluate how they were awarding custody. With more and more women heading into the work force, it leveled the playing field as to which parent deserved primary custody during a divorce. With both parents working full-time jobs, who deserves to be awarded custody?

That was question many judges were faced with. Today, men’s custody rights are treated with as much respect as women’s rights to custody. In fact, some studies are now suggesting that as many as 50% of men who request primary custody receive it.

The reason for the increase? There are fewer stay-at-home moms and more stay-at-home dads. Over half of all American women work at least part-time jobs, compared to just 30% in the 1970s. On the flip side, more and more men are staying home with the children. This trend has been tremendously impacted by the economy. One study estimates that 75% of the Americans who have lost their jobs since the recession began are men. In the wake of their unemployment, these men have settled into their new roles as stay-at-home dads while their wives go to work. During a divorce, these men can truthfully argue that they spend more time with the children than the woman does.

Judges' overall willingness to see that men are just as capable of caring for children as women are should not be discounted. The surge in men receiving primary custody rights can also be credited, in large part, to those judge who recognize and enforce a man’s custody rights.

At Claery & Green, we have helped many men throughout San Diego exercise their rights to child custody. If you are going through a divorce or separation, and are interested in seeking primary custody rights, it’s advised that you let us handle your case. We have a great deal of experience advocating fathers’ rights, and know the best way to approach these types of child custody cases. We are prepared to work hard to help you secure a custody settlement that upholds your rights and protects your relationship with your children.

To consult an experienced Los Angeles divorce attorney at Claery & Green about your child custody case, please call(310) 362-2273. We are on your side!

An interesting child custody bill is currently under consideration in Tennessee by state legislators. The proposed bill, which has received nation-wide attention, calls to split child custody evenly in contentious divorce cases.

While fathers’ rights advocates praise the legislation, multiple women’s groups, the Tennessee Bar Association, and some judges have expressed their opposition. Opponents say the bill would make it even more difficult to settle divorces involving parties who already don’t agree on many of the issues at hand. Opponents also believe that the bill does not have children’s best interest in mind. For a variety of reasons it’s not always conducive for children to split their time evenly between their parents. It could interrupt their regular routine and schedules, and should one parent have a hectic work schedule or a history of domestic violence, alcoholism, or drug abuse, it may not be safe or healthy for children to spend time with that parent.

But fathers’ rights advocates argue that for many years children have been deprived of relationships with their fathers due to antiquated child custody laws that favor the mother. This law would ensure fathers are given equal rights and respect regarding child custody.

To learn more about how an attorney at our office can protect your rights and help you secure a favorable child custody arrangement, please contact Claery & Green today at (310) 362-2273.

A lesbian couple from Santa Cruz has agreed to settle their paternity suit regarding their twin sons.

The case centers around Kim T. Smith and Maggie Quale, who were joined in a committment ceremony in 2008 but never registered as domestic partners. In 2009, Quale gave birth to twin boys conceived through artificial insemination. Smith never formally adopted the boys, but she and Quale agreed to raise the children together, and both Quale’s and Smith’s names are on the twins’ birth certificates. In addition, the boys have the hyphenated last name Smith-Quale.

Five months after the twins were born, Smith and Quale ended their relationship. Quale and Smith’s situation became complicated when, not long after they split, Quale became romantically involved with the sperm donor, Shawn Wallace.

Smith originally filed a lawsuit against Quale last September to maintain her parental rights of the twins. The settlement Quale and Smith finally agreed to recognizes both women as the boy’s legal parents. It’s not clear whether Wallace was granted any paternity rights as part of the settlement.

A new bill has been introduced that would protect deployed military service men and women in regards to child custody and visitation arrangements.

HR 4469 would prevent family courts from permanently changing or amending a child custody order while a service member is deployed overseas. If custody was temporarily changed while the parent was overseas, the court must reverse the change once the service member returns home from their deployment.

The sponsor of the bill, Rep. Michael Turner from Ohio, says the main objective of the legislation is to prevent the courts from using the deployment or the possibility of deployment against a service member when determining the best interest of a child in a custody case.

Turner’s bill has been met with support from both the Veterans of Foreign War (VFW) and the Iraq and Afghanistan Veterans of America (IAVA). Justin Brown of VFW expressed his belief that a person’s decision to serve their country should not reflect negatively on them during any judicial proceeding, and that although deployments are difficult on families, service members should not be punished for their deployments. He said “in most instances, the decision to deploy is not the service member's, it’s our government’s. We should not allow our government to then punish service members in juridical custody disputes.” And Tim Embree of IAVA says it is cruel and damaging to deployed service members to make them worry about child custody issues while they are fighting overseas.

A Vermont judge has issued an arrest warrant for a woman involved in a same-sex custody battle.

Janet Jenkins asked the court for help after her former partner, Lisa Miller, disappeared with their daughter Isabella. After Jenkins and Miller separated, Miller renounced homosexuality, became an evangelical Christian, and disappeared with their daughter.

Vermont Judge William Cohen found Miller in contempt of court after she failed to appear at a custody hearing.

Miller and Jenkins were joined in a civil union in Vermont in 2000. In 2002, Isabella was born to Miller but was considered both women’s daughter. When the couple separated in 2003, Miller moved to Virginia. Initially, custody was awarded to Miller and Jenkins was given liberal visitation rights. But after Miller denied Jenkins access to the girl, Judge Cohen ordered a switch in custody.

A custody hearing was scheduled for January 1 to address the situation, but Miller and Isabella did not appear.

Involved in Child Custody Dispute?

It’s natural for a divorced couple’s circumstances to change after their divorce has been finalized. Depending on the change in circumstances, it may be necessary for one or both parties to change or modify a court order. Judges understand that people’s circumstances change, and are usually willing to modify an order as long it does not compromise the best interest of any children and the changes in circumstances are “significant.” For example, seeking a modification of a child support order after quitting your job is not likely to going to happen. However, if you show that you've been laid off and have been diligently looking for a new job but just haven't had any luck, the judge is more likely to lower your child support obligations.

At Claery & Green, we have experience representing clients throughout Southern California in all areas of family law, including post-judgment modifications. Whether you want to modify a  child support order, a child custody order, an  alimony order, or some type of marital contract or settlement agreement, an experienced Los Angeles divorce attorney at our office can assist you in filing the necessary paperwork and argue your case before the judge. Furthermore, we can also help you gather the documents and evidence that prove you have indeed experienced a significant change in circumstances, which might include a sudden job loss, physical injury or disability, family emergency, relocation, etc.

For more information about post-judgment modifications, please contact a Los Angeles family law attorney at Claery & Green today!