Same Sex or Non-Biological Parent Presumption Family Code Section 7611

Family Code Section 7611 is my favorite code section because it rewards parents, not biological parents, but moms and dads who are there for the child. Under this code section if a person holds the child out as his or her own, and this child knows that individual as his/her parent, then that parent is considered…

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The Modern Family/Legalities of Same Sex Parents under Family Law

The modern day family comes in wonderful varieties.  Same sex couples have children, sometimes two men will have a gestational surrogate or a non-gestational surrogate; two women will start a family  and in some situations a woman will have an adulterous affair and bring another child into the home with the non-biological father.  With all of these varieties,…

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Family Code Section 852 takes the Romance out of Gift-Giving

Whenever I hear of the family law rule ” a gift of substantial value must be made in writing” I always think of a romantic moment when a husband surprises his wife with an expensive tennis bracelet of brilliant diamonds and in that moment Family Code Section 852 requires a subsequent written note expressing his intent to divest all community…

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Advice for Ashley Madison Hack Victims

Are you a victim of the Ashley Madison hack? Ashley Madison is an online dating site meant for individuals in marriages who are looking to have a secretive affair. The release of all names of Ashley Madison members has now placed millions in a position contemplating a divorce. Here is some advice for those victims…

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Los Angeles Same Sex Divorce and Family Law Issues

Same sex couples now go through the same legal proceedings as heterosexual couples for the divorce process. The Atighechi Law Group aggressively and compassionately handles gay marriage divorces and paternity actions.  Maryam Atighechi, Esq. has successfully handled child custody issues for same sex/gay couples who have obtained parentage through adoption or as a “presumed parent”…

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What Constitutes Your Date of Separation?

In Re Marriage of Davis is a California Supreme Court case that provided the legal community with a game changing ruling. In California, all property acquired during marriage is community property. All property acquired prior to marriage and from the Date of Separation (DOS) onward is Separate Property. Colleagues and I would often argue (debate)…

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Court Ordered Child Custody Mediation

1.  What is Court Ordered Mediation Both parties in every child custody case must attend court ordered mediation prior to attending the court hearing.   A court appointed mediator will try to resolve the issue for the court by promoting settlement amongst the parties. 2.  Do I Have to Agree with the Mediator’s Recommendation? No.…

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“Meet and Confer”

Meet and Confer is a good faith discussion amongst parties and counsel to resolve an issue prior to being heard in court over the matter. Meet and Confer is a very important legal concept.  A lot of times, it is important to have an attorney on the other side, and a good attorney is even…

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