According to RadarOnline.com Mel Gibson's ex-fiancee, Oksana Grigorieva, intends to take the stand against him to obtain child custody of their one-year-old daughter.

Gibson has already taken the stand back in November when his voice reportedly cracked as he spoke fondly of his daughter Lucia, as well as his other children.  Despite this public display of love for his kids Grigorieva, 40, wants to deny Gibson, 55, of overnight visits with Lucia. His team of lawyers is attempting to do the same in reverse, demanding that the singer not be allowed to have custody of their daughter.

It is now rumored that Gibson will not be testifying in the upcoming hearing.  Although he was intially going to do so, recent rumors are swirling that the actor will not be speaking for his side. In addition to the child custody case Gibson is also fighting the rumors that he punched Grigorieva in the head on Jan.6, 2010.  The singer is reported to have lost two veneers on her upper teeth as a result of the blow, all during which she was holding their daughter.

If you plan to pursue child custody, contact us to work with a Los Angeles family law attorney.

Larry Luther, 41, is admitting to the fact that he has lived a fast life. However, he doesn't believe that should stop him from getting custody of his three-year-old son.

He went before a judge recently to get custody of his child since its mother is facing child cruelty charges. However, since Luther's record is not squeaky clean, the state has taken custody of the child and is refusing to give it back. They are also demanding that he continue to pay child support. Even though the state also made him take parenting classes Luther is still unable to get child custody.

Adding insult to injury was the comment made by an officer at the trial on Facebook about a bouncer with 23 children and too much time on his hands. Luther was enraged by this comment and when the same officer told him to get a real job. While Luther is a bouncer, at a nightclub in Thibodaux, he claims that he makes enough to support his children with just one job.

This officer is also demanding that Luther fill out ten job applications, four of which must be done at fast food restaurants, if he wants to consider getting child custody.

Are you involved in a child custody dispute?  If so, contact our law office to get representation from a Los Angeles family lawyer.

The State Supreme Court of South Dakota ruled in favor of grandparental rights for custody of a 4-year-old girl. The court affirmed the constitutionality of grandparents to get custody of children who aren't theirs in many circumstances.

Their case had originally been thrown out by a circuit court who found the state's law on the issue to be unconstitutional. In this case the courts believed that the current laws should not be able to grant custody to another individual(s) without first finding the parents unfit.

However, the Supreme Court stated that courts can give special consideration to parents who are deemed fit. It is always the place of the court to determine what is in the best interest of the children involved, which does not always mean that the child should be placed in the custody of its own parents.

Debra Watson, one of the lawyers for the grandparents, stated that this is a victory for grandparents who are seeking custody of their grandchildren.

If you are looking to protect your grandparent rights, contact us to speak with a Los Angeles family lawyer.

A child custody exchange got nasty when an angry father punched his ex-wife in his face. When police from the Walnut Creek police department arrived on the scene Don West, 50, fought back, causing officers to use a taser to subdue him. He was taken to and booked into the County Jail in Martinez for making criminal threats and on suspicion of domestic violence.

According to police sergeant Lanny Edwards and several eyewitness reports the fight occurred around 6 p.m. near a pub in the 1500 block of North Broadway. Passersby called 911 when they saw West argue with the woman over the exchange of their children. Right after he knocked her unconscious West ran away, only to return shortly after to police waiting for him.

When he resisted arrest they made the decision to taser him.

The woman was taken to the hospital with minor injuries.

If you have been fighting recently with your former spouse or partner about child custody issues, don't wait until it gets really ugly. Instead, contact our law firm and consult with a Los Angeles family law attorney now.

A little boy is caught in the middle of a nasty child custody battle in Memphis, Tennessee this month. The father, John Daly, was awarded full custody of the seven-year-old boy when a Tennessee circuit court judge ruled that the ex-wife had been in contempt of the court.

Judge Donna Fields said that Sherrie, Daly's fourth ex-wife, had violated his visitation rights along with other terms of the divorce, such as allowing their son to be absent from school frequently. She also prevented him from attending speech therapy classes that he needs.

In addition to granting full custody, Judge Fields sentenced the ex-wife to three days in jail as a result of being in contempt of court.

Daly was so thrilled about the results of the trial that he tweeted "the best Christmas gift a father can ask for & a great day in this 2 year journey for what is best for my son."

Need help resolving a child custody battle? Contact Claery & Green to get help from a Los Angeles family law attorney.

An 8-year-old girl found wandering the streets of Red Bluff led to the arrest of two adults and the discovery of six more children who were not being watched. Around 9 AM on Thursday morning police officers went to her home in the 1300 block of Second Street and found Ronald McNamara, 27, asleep on the couch. There was a three-year-old boy playing unsupervised outside the house.

The officers learned that three other children lived in the home, their ages ranging from four months to four years old. Upon seeing the unsanitary conditions at their home, officers enlisted the help of Child Protective Services to take the children into protective custody.

McNamara and a woman who also lived in the home, 29-year-old Katherine Beam, were arrested that day on charges of resisting arrest and felony child endangerment. Later that night Beam was released on a $28,000 bail while McNamara remained in jail on a $25,000 bail.

It will remain to see if they are able to get child custody after they have gone to court.

Need assistance with a child custody case?  Contact us to receive representation from a Los Angeles family lawyer.

Nicholas McKee of Warfordsburg, PA was sentenced this week for fatally abusing his girlfriend's daughter. McKee, 23, received 35 years in prison for killing Bella Appel-McKee who was only five weeks old.

Prosecutors brought a case against McKee stating that he shook Bella to death because he was worried about her paternity. Jordan Appel, the girl's mother, has now said that it is possible Bella was fathered by someone else. Despite the questionable paternity, the judge convicted him of first-degree child abuse resulting in death.

McKee was also sentenced on charges of second-degree assault, reckless endangerment, and involuntary manslaughter. Combined with those charges he could serve a maximum of 55 years in prison.

Are you questioning the paternity of your children? Don't spend another day wondering when you can enlist the help of a Los Angeles family law attorney now. There is a way to determine the paternity of your child even if your spouse doesn't want you to know.  Contact our law firm today!

A child custody battle has come to an end in New Mexico this week as the judge ruled against custody in a same-sex partnership. Although the court was decided in the decision-making process, they ruled that there are no laws in New Mexico that give the legal right of the woman asking for custody of a child that was adopted by her partner 15 years ago.

At this time the laws only apply to biological or adoptive parents. Third parties, like the unmarried partner of the adoptive parent, are not able to seek custody.

However, one of the judges, Michael E. Vigil, dissented and said that in cases where a clear parent-child bond has been created, the unmarried partner should be able to seek custody.

The woman was given the right to request visitation with the adopted child.

Do you have questions about child custody? Do you want to seek custodial rights but aren't sure if you are legally eligible?  A Los Angeles family lawyer from Claery & Green can help.  Contact us now!

Jesse James is in the middle of a custody battle with his ex-wife Janine Lindemulder that is getting uglier by the day. The star of "Monster Garage" had requested to have the child custody hearing moved to Texas.

Instead, Orange County Superior Court Judge David Belz suggested that James use a Texas-based counselor that has previously worked with the family. 6-year-old sunny currently lives with James in Texas. Lindemulder claims to live in Costa Mesa but has tried to visit her daughter several times in Texas but was turned away, supposedly due to violating a court order. She now plans on splitting her time between Costa Mesa and Oregon where she some family members reside.

One concern that Judge Belz has in this case is "difficulty in communication." He goes on to say that "one parent shouldn't be doing anything to restrict communication and contact". If he finds that to be the case, Belz will refuse to go ahead with the custody battle until it has been resolved.

Need assistance with a child custody dispute?  Contact us now to set up a consultation with a Los Angeles family lawyer.

Divorce can be a trying time for any family. However, when children are involved, custody battles can make divorce that much more difficult. To understand how child custody works, you need to have a grasp of how the courts normally make their decisions.

There are general standards across the judicial system that courts take into consideration for child custody. These include but are not limited to: determining who the primary caretaker is, the wishes of the child(ren), jurisdiction of the court hearing the case, who currently is taking care of the child, as well as the financial/criminal/psychological background of both parents.

While courts have long worked under the premise that children in the "tender years", or formative years, were better off with their mothers, this is not always the case of late. Courts are taking more into consideration when determining custody, rather than relying solely on this antiquated premise.

Are you looking for help with a child custody case?  Contact us to receive advice from a Los Angeles family law attorney.

It is difficult getting adivorce, no matter whether you are a mom or a dad. However, there are some things that dads should know to prepare themselves for this tough time.

You should speak with a Los Angeles family lawyer as soon as possible to protect your fathers' rights in the divorce. At this time, be completely honest with your attorney, as anything that you try to hide from him/her could hurt you later on. Ask your attorney to prepare you for the courtroom and ask him/her any questions you have about upcoming events.

Make sure to involve yourself in your child's life as much as possible. In addition to playtime, take an active role in their schoolwork, parent-teacher conferences, and doctor appointments. This might be a good time to take a parenting class to learn how best to interact with and listen to your child's needs.

Despite any negativity you might feel towards your ex, encourage your child to have a strong relationship with both parents. If you are responsible forchild support, try not to be late with any payments, and always follow court orders, even if you try to fight them later on.

To receive additional guidance, contact our law office to schedule a consultation.

This week in L.A. County, Mel Gibson's former girlfriend, Oksana Grigorieva has won a small court battle during her ongoing child custody case with the actor and director. A judge agreed to increase the amount of child support she receives each month from $5,000 to $20,000.

Allegedly, Oksana requested an increase in the amount of $60,000 per month.  However, on Thursday, Judge Scott Gordon issued an order that awarded her with $20,000, resulting in a $15,000 increase from her prior child support fee.

While many people would say that $20,000 a month in child support is excessive, many lawyers disagree.  Daniel Horowitz told TMZ.com, "Everything in Hollywood is to excess. They'll Gibson is worth upwards of $1 billion. It is a very modest award by Hollywood standards and a very high award by normal people standards."

At this time, Gibson and Grigorieva share child custody of their daughter, Lucia, who is 11 months.

Are you looking to get the amount of your child support modified in Los Angeles? If so, your best option is to work with a Los Angeles family lawyer.  Contact Claery & Green now!

The Associated Press says that the marriage between Nancy Wilson and Cameron Crowe has come to an end.

The lead guitarist for the rock band, Heart, recently filed for divorce from the writer-director.  The couple had been married for 20 years.

In her divorce petition, Wilson cited irreconcilable differences.  She filed paperwork on September 16^th, but court documents state that the two had separated in 2008.

The pair was married back in 1986 and have twin 10 year old sons together.  It has been reported that Wilson will seek joint child custody.

Crowe is best known for directing hits like "Jerry Maguire" and writing the screenplay for "Almost Famous".

If you have plans to pursue divorce in Los Angeles, it is a wise idea to get help from a Los Angeles divorce attorney before taking any legal action.  To discuss your case with a lawyer, contact Claery & Green now!

This week, it has been announced that rock star Slash is terminating his marriage.

According to court documents, the lead guitarist filed for divorce on Monday from his wife whom he was married to for nine years. 

Slash's real name is Saul Hudson and he was well-known for playing with bands Guns N' Roses and Velvet Revolver. 

In the filing, it is stated that he and his wife Perla separated in July due to irreconcilable differences.  They share two sons, ages 8 and 6.  Slash is planning to seek joint custody of his children and asking a judge to determine the amount of spousal support he will have to pay.

TMZ was the first to break the news about the celebrity divorce and filing.

If you are planning to file fordivorce in Los Angeles, it is important that you hire a Los Angeles divorce lawyer who can help you get through your proceedings and obtain positive and results. To speak with a lawyer that handles divorce cases in California, contact Claery & Green now.

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!

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.

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!