Nancy J. Bickford

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There has been a back and forth trend in custody and visitation legislation preferring one sex to the other. The first custody laws in the United States automatically granted father custody of the child unless he was determined to be unfit, unavailable, or agreed to grant the mother custody. Later, the “tender years presumption” replaced the paternalistic custody laws. Under this new presumption, mothers became the preferred custodian because they were seen as nurturing and in the best position to provide children with the care they needed. Eventually, this notion faded because it merely perpetrated a gender stereotype and opponents argued that it was unconstitutional. Under the California Family Code today there is no stated gender preference. However, both men and women argue that gender bias exists in the courts against their respective sexes.

The Father’s Rights Movement began in the 1970’s as a new perspective on which parent is the preferable custodian in a custody dispute. Supporters argue that the family courts are consumed with gender bias against men and blindly award support and custody to women by virtue of their sex. These groups promote changes to family law that emphasize the rights of parents or the child’s rights to both parents.

Divorce lawyers have begun targeting husbands who may subscribe to the notion that the family laws and courts are predisposed to favor women. This new type of law firm advertises to men through sports magazines, on the radio, and on television. It targets programming most often viewed by men and less likely to be watched or listened to by women. The men who hire the “divorce for men” law firms fear losing their children and money on the basis of gender. They argue that women are automatically awarded custody and spousal support because of the existence of gender stereotypes and bias. One such firm claims to “specialize in men’s issues.” This statement is based on the assumption that “men’s issues” exist currently in San Diego family law courts. The controlling standard in any child custody and visitation case is the best interest of the child. When considering the various factors outlined by the family code, there is no indication that the gender of each parent should be addressed at all.

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On July 26, 2012, Stevie Wonder signed a petition for divorce with two of his fingerprints. After eleven years of marriage, Wonder cited “irreconcilable differences” as the reason for his divorce from wife Kai Millard Morris. Wonder and Morris have been living separately for nearly three years since October 2009. According to the divorce petition, Wonder is seeking joint custody of the couple’s two children, Kailand, 10, and Mandla, 7. From 1970 to 1972 Wonder was married to singer Syreeta Wright and is the father to a total of seven kids from both marriages and other relationships. The petition also states that Wonder agrees to pay child and spousal support.California is a community property state. This means that all property acquired by either spouse during marriage is to be divided equally between the spouses upon divorce. These assets are called community property. Community property can only be acquired after the date of marriage but before the date of separation. The date of separation is determined by a combination of two factors. First, the spouses must be living separately and apart. Second, at least one spouse must intend not to resume the marital relationship. The court will evaluate whether a separation has occurred based on a mixture of relevant objective and subjective intentions and behaviors. Because Wonder and Morris began living separately in 2009, the first factor is satisfied. The court will next look at the actions of either party including but not limited to: whether they continued to commingle finances, celebrated anniversaries and/or romantic holidays together, and whether either party continued to perform marital duties.

Stevie Wonder amassed most of fortune before his marriage to Morris thus; Morris will not be entitled to any of these premarital earnings. All of Wonder’s earnings before marriage are separate property. Upon divorce, separate property is awarded entirely to the separate property estate. If the parties entered into a valid premarital agreement, default community property laws will not apply to asset division and Morris may be entitled to some of Wonder’s premarital earnings. Kai Morris is famous in her own right as a fashion designer. She earned notoriety from the support of the First Lady, Michelle Obama. Wonder may be entitled to a portion of Morris’ earnings acquired during the marriage, before the date of separation.The issue of child custody will be decided by the court under the guidance of the best interest of the child standard. Unless the court is presented evidence that either parent is somehow unfit, Wonder’s request for joint custody will likely be granted. The parties may reach an independent agreement regarding child custody and avoid a divorce trial.

Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only lawyer in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.

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On December 30, 2011 Russell Brand filed for divorce from pop icon, Katy Perry. After only 14 months of marriage Brand cited “irreconcilable differences” as the reason for the split. The couple married on October 23, 2010 in an extravagant ceremony in India. When the pending divorce caught the attention of the media Brand released the following statement: “Sadly, Katy and I are ending our marriage. I’ll always adore her and I know we’ll remain friends.” The divorce petition does not list a date of separation for the couple. However, it is undisputed that Perry earned approximately $44 million during their short marriage.

Once Russell filed for divorce, rumors swirled about whether the Hollywood couple had signed a premarital agreement. The Perry-Brand divorce was finalized on July 16, 2012 and it is clear that no premarital agreement was signed. The pair reached a marital settlement agreement in February; however, were required to wait the requisite six-month period before obtaining a legal divorce. In San Diego, there is a mandatory six-month period between the date of service of the divorce petition and the termination of marital status. Apparently the marriage happened so quickly that neither star had the time to consult an attorney before tying the not.

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The average divorce in San Diego involves more than just dividing up the family house and vehicles. Today, most Americans are connected to some mobile device from the moment they wake up each morning. Courts, according to California community property law, have traditionally divided tangible family assets between the spouses. However, parties are now wondering who will be awarded cell phones, iPads, iTunes accounts and access to iCloud. During marriage, many spouses store family data on one iCloud account. This account could potentially be a virtual asset the parties wish to divide.

As we have previously blogged, social media is becoming an important tool in divorce proceedings. Websites such as Facebook are used to provide courts with evidence of a spouse’s wrongdoing or misconduct. However technology is invading San Diego family courts in a new way. Spouses now have digital community property assets to be divided upon divorce. As a general rule, each community property asset is divided equally upon divorce. An asset is a community asset if it was acquired during the marriage and before the date of separation. All other property acquired before marriage and after the date of separation is separate property.

Virtual property presents a new challenge to the community property system. How can a shared iTunes account be divided in half? Will the court allow each party to present a case as to which songs they would like to receive as part of the judgment? How can a court divide digital storage space, books, movies, or games? Many spouses also have amassed a large collection of characters, virtual clothing, weapons, and currency in online communities and games. These virtual acquisitions become community property when they are purchased with actual community funds.

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Although the infamous Michael Jackson died nearly three years ago on June 25, 2009, the custody battle for his children has raged on. Jackson left three minor children, Prince, 15; Paris, 14; and Prince Michael II, 10. Katherine Jackson was appointed guardian of the children after Jackson’s death in 2009. However, the judge suspended her guardianship after she was recently reported missing. According to Jermaine Jackson, Katherine was not in any danger but rather was resting in Arizona. Two family members have been fiercely battling for custody of the children, Jackson’s mother, Katherine, and the son of his brother, Tito. Apparently the two have reached an agreement to share guardianship. At the age of 82, Katherine will be relieved of daily responsibilities such as management of household personnel and the security team.

According to her attorney, Perry Sanders, “Mrs. Jackson is extremely pleased with the prospect of enjoying the pleasure of raising Michael’s children without the day-to-day tedium of items such as managing the large staff that goes with such a high profile family and focus her attention on being a grandmother and raising Michael’s children.” As her co-guardian, Tito has enjoyed a close relationship with the children for the majority of their lives and has been solely responsible for their care in Katherine’s absence. Margaret Lodise, the court-appointed guardian ad litem for the children, has confirmed that the custody agreement is agreeable to all the Jackson children.

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Many Del Mar spouses have litigated or settled civil disputes. How these civil judgments can impact community and separate property is important throughout the dissolution process. Upon divorce, each community property asset is divided equally between both spouses. Community property is generally all property acquired during the marriage. All property acquired before marriage and after the date of separation is separate property. Additionally, all property acquired by gift, devise, or bequest is separate property. This system leaves many couples wondering whether community property or separate property is liable for the tort judgment.

Surprisingly, all of the community property is subject to the civil liability of either spouse. As a general rule, a spouse’s separate property and all of the community property is liable for a debt incurred before or during marriage. As a debt owed by one spouse, the same rules apply to debts owed to plaintiffs in civil cases. The innocent spouse’s separate property is not liable for any debts that he or she did not incur. However, whether the plaintiff can collect from the separate or the community property first depends on how the liability was incurred. The following example will best illustrate this principle: Husband was driving to pick up Daughter from daycare when Pedestrian stepped of the curb. Husband struck Pedestrian and Pedestrian incurred $100,000 in medical bills which Husband was ordered to pay. In this scenario, Husband has incurred liability for a tort judgment. Wife may be curious about whether Pedestrian can collect the $100,000 from community assets such as the family home.

For the Benefit of the Community: If the court determines that Husband incurred this liability while performing an act “for the benefit of the community,” then Pedestrian can collect his judgment from the family home first and then, if any debt is left unsatisfied, from Husband’s separate property. Pedestrian will argue in the above scenario that because Husband was picking up Daughter from daycare when the accident occurred, he was performing an act for the benefit of the community.

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ABC’s Modern Family depicts a different type of family in an attempt to emulate a more accurate picture of the average American household. Modernly, many families are not simply made up of a heterosexual couple raising a few children in a suburban neighborhood. Modern Family illustrates the struggle same-sex couples have adopting children, the difficulties of living in a blended family, and coping with divorce. Because of the new changes emerging in American households, parenting of children has become more complicated. Children do not necessarily only have two parental figures in their lives anymore. California family legislators have begun to recognize the changes occurring and have proposed a new law that could expand the view of traditional families.

Senator Mark Leno of San Francisco has proposed new legislation that has the potential to give San Diego residents more parenting options. Under current laws, a child may only have two legal parents. The proposal will create the possibility for a child to have a parent-child relationship with more than two parents. Although the number of permitted parents may change, the same standard of awarding custody and visitation would apply. The court will award custody and visitation of the child amongst all the parents in accordance with the best interest of the child.

The proposal’s controversial nature has garnered significant criticism from conservative groups founded on the belief that two parents, one mother and one father, should raise a child. Opponents of the proposal argue that it is merely a means to further the same-sex marriage movement. This argument is fiercely contested by the bill’s proponents who claim it has nothing to do with “culture wars” and is solely based on the best interest of the children involved in custody disputes. Additionally, opponents claim that the bill would lead to more instability for children as a result of increased conflict.

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Real Housewife of Orange County Vicki Gunvalson is joining her Beverly Hills counterpart Camille Grammar as a recent blonde divorcé. Vicki filed for divorce from her husband Donn in October 2010 after 17 years of marriage. Although the couple continued to live together throughout the divorce process they are adamant that reconciliation is not in the works. In fact, Vicki has been dating a new man, Brooks Ayers.

The Gunvalson’s agreed to proceed with their divorce using mediation. Currently, the two are still working out all the details of their divorce settlement but have reached an agreement regarding one very large asset. The family home, shown often on The Real Housewives of Orange County, will be awarded solely to Vicki. Vicki and Donn attempted to sell the 5,400 square foot mansion for $2.695 million last year. Although this asset is just one consideration in a portfolio likely filled with numerous assets and debts, it is a victory for Vicki.

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Del Mar Technology Center
12348 High Bluff Dr, #220
San Diego, CA 92130
Phone: 858-793-8884
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