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Lance Bass and Boyfriend Mark End of Relationship With Legal Action

November 20, 2007
Author Monica Mazzei in Entertainers

Lance Bass, former pop star of the boy band *N-Sync, gained additional notoriety in 2006 when he came out to the media announcing that he is gay. Recently Lance’s ex boyfrined, Reichen Lehmkuh, former winner on the television show “The Amazing Race,” sent a letter to Lance’s rep threatening to sue Lance for the defamatory remarks the star allegedly made about Reichen in an interview for GQ magazine.

Because Lance and Reichen were not registered as domestic partners, there were none of the legal ramifications normally associated with a divorce. Lance and Reichen have probably made the personal choice not to register as Domestic Partners, but there is also a possibility that they did not meet the requirements for domestic partnership established by California (Family Code Section 297-297.5)

Who can register as Domestic Partners in California?

Same sex couples - or heterosexual couples over the age of 62 - who meet certain requirements can register as domestic partners in California. A couple is not legally recognized as domestic partners unless they are registered in California.Lance Bass and Reichen Lehmkuh

What Does It Mean to be Domestic Partners?

All couples who are registered as Domestic Partners will have all the rights and obligations as married couples. This means that community property laws apply - so, any property obtained during the partnership or any monies earned will become community property.

Without being registered Lance and Reichen (like any other couple) are not afforded the protection of California marital laws, or subject to community property laws. So aside from the civil defamation suit, we shouldn’t be seeing the couple in court - and definitely not in Family Court.

Denise Richards and Charlie Sheen’s Kids To Go To Therapy - Do The Courts Agree?

November 7, 2007
Author Monica Mazzei in Entertainers

Actress Denise Richards and actor Charlie Sheen have two daughters, ages 3 and 2. Since their divorce Richards and Sheen have been engaged in a fierce custody battle which included allegations of recent drug and alcohol abuse against Sheen, who has previously been admitted to rehabilitation centers for admitted use.

Recently, Richards and Sheen have agreed that their daughters attend therapy. Reports indicate that the request was initiated by Richards and agreed to by Sheen.

Why Do The Kids Need Therapy?

It is almost always a good idea for children of divorce to attend therapy. Often children of divorce exhibit symptoms of emotional distress and separation anxiety such as behavioral problems and a decline in performance at school. Therapy is especially useful for children whose parents are involved in a contentious divorce.

Are the Kids Too Young to Attend Therapy?

Although the Sheen children are very young it is important that they have a neutral outlet. People often assume that young children aren’t affected by a divorce because the children sometimes aren’t able to verbalize the ways in which the situation affects them. But even at the age of 2 or 3 it can be very helpful for children to work with a therapist to deal with the effects of a divorce.Denise Richards and Charlie Sheen

How Will The Courts Interpret This Move With Regards To Custody?

The court will also look favorably on the fact that the parties (Richards and Sheen) have agreed to send the kids to therapy when evaluating efforts by the parties to “co-parent” (share parental responsibilities). Sheen would not have left a good impression on the court if he did not agree to Richard’s request. Sometimes the court may even suggest or order that minor children attend therapy, so this move is not at all out of line in the eyes of the court.

Anne Heche Bitter Custody Dispute May Be Successfully Negotiated by Attorneys

November 4, 2007
Author Monica Mazzei in Entertainers, Their Lawyers

In February 2007, actress Anne Heche and her husband Coleman Laffoon (a freelance cameraman), filed for divorce. The parties have a five year old son, Homer. The two have been engaged in a heated custody battle in the Los Angeles Superior Court. It has been reported that Laffoon has attacked Heche’s parenting skills, and Heche has accoused Laffoon of being addicted to pornography and online poker.

Despite the bitter accusations, it has been reported that Anne and Coleman may have made some progress during the most recent court hearing in September. According to the Associated Press, Heche said that she had “a good day in court” on September 26. Laffoon implied similar satisfaction. The progress could well be attributed the negotiating skills of the high powered attorneys handling the case.Anne Heche and Coleman Laffoon

Heche is represente by Dan Jaffe of the well known Beverly Hills law firm, Jaffe and Clemens. Laffoon is represented by Jon Summers, a partner at the Los Angeles law firm of Freid and Goldsman. The firms serve as divorce attorneys to the stars. Freid and Goldsman also represents David Hasseloff in his high profile custody battles.

Britney’s Visitation Remains Limited; Drug Tests Will Continue

November 2, 2007
Author Monica Mazzei in Entertainers, Their Lawyers

Recently, there was another hearing in Britney and Kevin’s ongoing custody battle over Sean Preston and Jayden James. At the hearing, Commissioner Gordon decided not to reinstate Britney’s 50% custody with the children. His decision was based upon the court appointed parenting coach’s report to the court, which suggested that Britney have less visitation with the children. Britney will continue to have three visits per week, including one overnight visit, and she will continue to be required to submit to random drug testing.

When Can a Court Order Random Drug Testing?

Pursuant to California Family Code section 3041.5, the court can order a parent seeking custody/visitation to submit to random drug testing if there is a “judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol.” In other words, since Commissioner Gordon found that Britney was frequently and illegally using controlled substances or alcohol, she must now submit to drug testing so that the court can help ensure that the children are safe while in her care.Britney and Kevin

Can Britney Ever Regain Custody?

If Britney can show the court that she is a fit parent she will likely regain 50% custody of the children. Of course, part of the challenge is proving that she does not use drugs or abuse alcohol. The court will usually base its decision upon a declaration submitted by Britney making these statements under penalty of perjury, and may want to hear oral testimony from her. The court’s decision will likely be based largely on the conclusions of a custody evaluation or the report of a parenting coach and the drug test results. We should expect another custody hearing soon which will either be a status hearing (basically an update requested by the judge) or a motion brought by Britney’s attorney requesting more visitation.

Reese Witherspoon and Ryan Philippe - It’s Settled

November 2, 2007
Author Monica Mazzei in Entertainers

As of October 5th the divorce between Reese Witherspoon and Ryan Philippe is official. Reese filed for divorce (also called dissolution) from Ryan on November 8, 2006, so why did it take so long? The date a party files for dissolution (the date the “petition for dissolution” is filed) has no bearing on the date that the divorce becomes final. In California a divorce is finalized after a required 6 month waiting period from when the “final judgment” is entered. So we can assume that the final judgment was filed around April, 2007 - meaning there were about 6 months of negotiations between Reese and Ryan (i.e.: division of community assets, custody/visitation, and child support).Ryan Phillippe and Reese Witherspoon

According to news reports, the parties who married when Reese was only 23 years old had no prenuptial agreement. Although Reese earns more than Ryan it has been reported that Ryan did not seek spousal support. In some cases where spousal support is not awarded the lower earning spouse may be awarded a larger portion of community assets.

Reports indicate that Reese has primary physical custody which means that she has the children, Ava and Deacon, the majority of the time. It has also been reported that Reese and Ryan share joint legal custody of the children which means that they will share in the decisions that affect the well being of the children such has, medical, dental and educational decisions.