NBA Star Glen Rice Seeks Paternity Test

By K. McKinney | Published: April 30, 2011

Former Miami Heat guard Glen Rice filed paternity papers earlier this month, demanding a paternity test for an 8-month-old baby girl. Baby Bella belongs to Rice’s ex-girlfriend Tia Santoro.

Rice and Santoro lived together for over a year before they broke up earlier this month. Santoro called police a few weeks ago to help her retrieve personal items from Rice’s home because Rice allegedly wouldn’t allow her back in the house.

According to the Coral Gables Police Department, Rice was cooperative when officer arrived with Santoro to help her collect her things.

Rice and Santoro reported reached a verbal agreement to share custody of Bella until a more formal custody agreement can be reached. Apparently, before Rice signs off on any final custody agreement or a child support agreement, he has requested a paternity test to be sure that Bella is his biological daughter.

Rice has five other children. Two with his first wife (Glen Rice, Jr. plays basketball for Georgia Tech); three with second wife Cristy Rice. Cristy and Glen were married for nine years when they separated in 2007. She recently appeared in The Real Housewives of Miami but Rice reportedly refused to allow their children to be filmed for the show.

A paternity test to determine whether Rice is Bella’s father is a relatively simple matter. It can easily be done by either blood test or a simple buccal swab in which cells are swabbed from the inside of both the putative father’s and the child’s cheek. Results will generally take several weeks to return.

Library Topics: paternity, child custody, child support, paternity tests

Categories: Athletes People: , 2 Comments

Charlie Sheen Seeks Custody of Twins After Ex Relapses

By K. McKinney | Published: April 19, 2011

Earlier this month, we reported that Charlie Sheen and ex-wife Brooke Mueller had reached an agreement regarding custody of their twin toddlers. Just this past weekend, however, Mueller reportedly relapsed in her battle against drug abuse and was discovered trying to pawn jewelry for extra money.

She refused to take a drug test as required by the former couple’s settlement agreement. Refusal of testing, under the agreement, is akin to failing the test. Mueller has now reportedly gone back to rehab.

Sheen will head to court tomorrow morning to ask a judge to modify the current child custody order, giving him sole legal custody and sole physical custody of twins Bob and Max due to Mueller’s current unfitness to parent. He will apparently also seek a motion to modify child support, ceasing his obligation to pay child support to Mueller (currently set at $55,000 a month).

Sheen, of course, is currently touring the country, giving live “performances”. He will reportedly also ask the court to allow him to take his sons with him during the final two weeks of his tour. Removal of minor children from the jurisdiction generally requires approval and consent of the other parent or of the court.

Media report that Mueller’s attorneys will also seek sole custody of the children, requesting a full psychological evaluation of Sheen based upon his public behavior over the past months.

If Mueller and Sheen are not able to come to an agreement this time, it would not be surprising to see the judge order psychological evaluations of each parent as part of a full custody evaluation. Each parent has had drug issues in the past and each has exhibited erratic behavior recently. As far as a temporary custody order, it will be interesting to see what happens (especially in light of the fact that the recent custody agreement required both parents to have nannies present and helping at all times that the children were in their custody).

UPDATE: Both Sheen and Mueller showed up in court where the judge declined to modify the existing custody order (established a few weeks ago after they reached an agreement). The kids are apparently being cared for by Mueller’s mother, subject to visitation by each parent (who are still required to take regular drug tests).

Library Topics: custody, settlement agreement, sole legal custody, sole physical custody, motion to modify child support,  removing child from jurisdiction, custody evaluation, modify child custody order

See Also:

Categories: Entertainers People: , 1 Comment

Charlie Sheen and Brooke Mueller Reach Custody Agreement

By K. McKinney | Published: April 13, 2011

After several weeks of back-and-forth and tentative agreements, it appears that actor Charlie Sheen and his latest ex-wife Brooke Mueller have worked out their differences and hammered out a custody agreement regarding their twin toddlers, Bob and Max. At one point, Mueller filed a temporary restraining order to have the boys removed from Sheen’s home during his strange Twitter- and TMZ-recorded rants.

TMZ now reports that, for the next two months, Sheen will have visitation with the two-year-olds every other weekend from Saturday morning until Sunday evening. For the two months following that, Sheen will have parenting time with the boys every other weekend from Saturday morning through Monday morning. If that time period is completed successfully (i.e., no drugs, no alcohol, no incidents) and if he remains drug-and-alcohol free, Sheen will have the twins every other weekend Saturday through Monday morning, plus Wednesday morning through Thursday morning.

The ramp-up type of arrangement is not unusual in cases where the children are very young, the non-custodial parent has not spent substantial time with them prior to the custody order or where the non-custodial parent is working on mental health or sobriety issues and can use the custody plan as an incentive in recovery.

Both Sheen and Mueller have apparently agreed to submit to random drug testing three times monthly. Both are required to have nannies with them at all time in the presence of their kids. (Both mother and father reportedly have previously had drug problems.)

Sheen’s new girlfriends – the “goddesses”, as he calls them – are not allowed to show any public displays of affection toward the twins per the custody agreement and neither Sheen nor Mueller is allowed to be photographed with the boys while with a romantic partner.

Library Topics: custody agreement, visitation

See Also:

Categories: Entertainers People: , 1 Comment

More Allegations in Chuck Liddell Custody Case

By K. McKinney | Published: April 12, 2011

We told you last week about UFC fighter Chuck Liddell’s custody fight against his ex over 12-year-old son, Cade. No word yet on how the Colorado hearing went but Cade’s mother, Lori Geyer, filed documents in court containing some explosive allegations against Liddell.

If you recall, Liddell filed for custody in California, claiming that Cade did not want to return to his mother and step-father’s Colorado home after visitation. The filing contained allegations of abuse and neglect. The California judge ordered the case be heard in Colorado.

Geyer then filed documents, claiming that Liddell uses drugs and alcohol. She apparently cited video of Chuck and his current wife working out in the nude as evidence of his poor judgment. (The video was a tongue-in-cheek ad for Reebok.)

Geyer also claims Liddell tried to intimidate her when she visited Cade in California shortly before Liddell filed for custody modification. She alleges that he paced back and forth and stared her down.

Liddell fired back almost immediately after Geyer’s filings were made public, pointing out that he takes random drug tests regularly because of his contact with the professional MMA fighting organization, UFC. His most recent test, he claims, was in February and was not positive.

Library Topics: custody, abuse and neglect, custody modification

See Also:

Categories: Athletes People: Add a Comment

MMA Star Chuck Liddell Asks for Full Custody of Son

By K. McKinney | Published: April 1, 2011

Mixed martial arts star Chuck Liddell went to court in Los Angeles today to seek sole custody of his 12-year-old son. According to TMZ.com, Liddell’s son Cade was visiting from Colorado, where he lives with his mother, Lori Geyer.

In support of his motion to modify custody, Liddell claimed Cade was depressed and upset and did not want to return to Colorado to his mother’s home. Additionally, Liddell claims that Cade lived with a severe toothache for 2 to 3 months while at his mother’s home. Liddell took the boy to a dentist but felt that his health and safety were at risk if he were to return to his mother.

TMZ reported that Liddell’s attorney also alleged that the boy was abused at his mother’s home by being forced to perform physical labor. There was apparently a suggestion that snow removal was part of the forced labor. At first glance, that claim seems a bit weak but, without having seen the full motion or heard arguments of counsel, we’ll withhold judgment on that.

Actually, the California judge withheld judgment too. The judge ruled that the Colorado courts have jurisdiction over custody of Cade and a hearing has been scheduled there on Tuesday.

For every determination of child custody (both for original orders and subsequent modifications), the court must find that it meets the jurisdictional requirements of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This statute helps determine the proper forum for custody disputes if there is more than one state with an interest in the litigation.

Generally, the state that issued the initial custody order continues to have jurisdiction over that order for modification purposes. However, another state’s court might be allowed to modify the original order if neither the child nor a parent have a continued significant connection to the original state (i.e., they’ve moved away) or that state’s forum is more convenient that the original state’s forum for litigation. Apparently in this case, the state of Colorado has more significant connection to Cade’s custody.

Library Topics: sole custody, visitation, motion to modify custody, UCCJEA

Categories: Athletes People: Add a Comment

Ryan Phillippe Says He’ll Take DNA Test to Determine Paternity of Ex’s Baby

By K. McKinney | Published: March 23, 2011

Aspiring model/actress Alexis Knapp reportedly claims that her unborn baby, due in June, was fathered by actor and Reese Witherspoon-ex Ryan Phillippe. Phillippe and Knapp dated on and off for a few months last summer, apparently breaking up for good in September 2010.

According to tabloid sources, Knapp is confident that Phillippe is the father. Other sources indicate that Phillippe acknowledges the possibility and will take a DNA test when the baby is born to determine paternity.

Some media outlets have reported that Knapp is upset that Phillippe has not contributed to her prenatal expenses. Others have stated that Phillippe has, in fact, provided financial support despite no current legal obligation to do so.

Trying to squash those rumors, Knapp’s publicist told People magazine that “[s]he has never asked Ryan for any help, nor does she expect it.” “Alexis has maintained her silence and will continue to do so,” the publicist told People. “Any ‘source’ claiming to have been her or her camp up to this point is false.” Neither party has commented publicly (other than the previous PR statement) on the pregnancy and paternity, which makes us believe that there is some sort of temporary agreement in place pending the birth and DNA testing.

TMZ.com reports that Knapp has hired Los Angeles-area family law attorney Mark Vincent Kaplan to represent her. Kaplan is best known for representing Kevin Federline in his divorce and custody battle against Britney Spears several years ago. No official word on who represents Phillippe, but he was previously represented (in his divorce from Witherspoon) by celebrity attorney Laura Wasser.

Library Topics: paternity, DNA tests, divorce attorneys

Categories: Entertainers, Their Lawyers People: , , , Add a Comment

Pete Wentz Responds to Ashlee Simpson’s Divorce Petition

By K. McKinney | Published: March 16, 2011

TMZ, People magazine and several other tabloids reported last week that Pete Wentz and Ashlee Simpson were gearing up for a custody battle over toddler son Bronx. Their evidence for said nastiness? Wentz’s simple responsive filing to Simpson’s divorce petition.

Despite the overreaction of the media, the legal paperwork does not necessarily indicate that there is any major issue between the estranged couple with regard to custody. Simpson, in her divorce petition, requested that the parties be granted joint legal custody of Bronx with Simpson getting primary physical custody and Wentz getting visitation.

Wentz’s docs request both joint legal custody and joint physical custody. While this certainly could signal a stumbling block to amicable settlement, it doesn’t necessarily mean it is so.

First, these initial filings are very bare-bones in terms of real content – they generally include only the information absolutely required by statute and local court rules.

Second, the documents are generally filed with the filing party’s “best case scenario” reflected in the requests. So, Simpson would prefer primary physical custody but there is no indication in the paperwork that she is unwilling to negotiate that position.

Third, the concepts of joint physical custody and visitation do sometimes come very close to overlapping. Joint physical custody should come close to equal time between both parents but does not require an exact 50/50 split. Visitation does not necessarily mean every other weekend and one night a week, a typical visitation arrangement. Visitation could be established as every other weekend and one night a week with an extra overnight on weeks in which the child isn’t with that parent on the weekend (confusing, right?). Such an arrangement might be technically considered visitation but comes closer to an equal split.

Wentz and Simpson maintain that their split is amicable and there has been nothing displayed yet that would convince me that their statement is untrue.

Library Topics: joint legal custody, primary physical custody, visitation, joint physical custody

See Also:

Categories: Entertainers People: , Add a Comment

Halle Berry, Gabriel Aubry Custody Battle Continues

By K. McKinney | Published: February 28, 2011

Halle Berry looked radiant last night at the Academy Awards, as if she hadn’t a worry in the world. Much to the contrary, Berry and former boyfriend Gabriel Aubry have been locked in conflict over custody of 2-year-old Nahla for months. When the couple split last year, it appeared that they were amicable enough to co-parent Nahla without problem. Then, at the end of 2010, there were indications that the civility was tenuous, if it existed at all.

Aubry filed for a determination of paternity (which was never in question but had apparently never been legally established) and establishment of custody orders in December. The conflict between Aubry and Berry quickly became public via comments that “sources” made to the media.

Sources told the tabloids that Berry claimed Nahla was afraid of Aubry. There was even suggestion that he made racist statements about Berry and did not want Nahla to be described as black.

His sources told the media outlets that Berry was jealous of his dating relationships and that she was too focused on her work, often to the detriment of their daughter. Aubry reportedly claimed that when he went to London and South Africa with Berry and Nahla last August for a movie Berry was shooting, she would leave and not return for days, even when she was supposed to be caring for Nahla.

Aubry has complained that, when Berry leaves town to film, it interferes with his ability to spend time with his young daughter. Similar complaints last year led to his trip to London and South Africa while Berry filmed.

After battling it out in the gossip columns for several weeks, the former couple headed to court where Berry earned a temporary victory. She was granted permission to take Nahla to New York for the filming of the movie New Year’s Eve. She had previously dropped out of the movie when it appeared that Aubry was going to object – but rejoined the cast when the court granted her permission to take Nahla with her for the one-week shoot.

There is some suggestion that Berry will be back in court soon, asking for permission to take Nahla back to New York for a longer period of time. She is reportedly considering a Broadway play that will run in NYC for four months this fall.

Berry is represented by experienced celebrity domestic attorney Neal Hersh.

Library Topics: custody, paternity

See Also:

Categories: Entertainers, Their Lawyers People: , , Add a Comment

Christina Aguilera Divorce Settled

By K. McKinney | Published: February 24, 2011

Singer Christina Aguilera and her estranged husband Jordan Bratman reached a divorce settlement last week. The settlement was quickly filed with the court. The specific terms of the settlement, however, remain confidential due to some rather unusual legal measures taken by the parties. Their agreement as to custody and finances is not to be filed unless and until one of the parties wants to enforce its terms, and even then, it is to be filed under seal if possible.

Media sources indicate that Aguilera and Bratman will share joint custody of their two-year-old son, Max. They also indicate that the parties had a prenuptial agreement but that Bratman negotiated an additional settlement beyond the terms of the prenup.

The tabloids have been reporting that Bratman never moved out of the marital home after the couple separated, despite the fact that Aguilera’s new boyfriend has been spending substantial time in the home. Bratman reportedly left the home only this month (presumably after the settlement was reached).

The divorce judgment will be entered on April 15, the requisite six months after the original petition was filed.

Bratman is represented by divorce attorney Bruce Clemens of Jaffe & Clemens. The Jaffe & Clemens firm has previously represented Anne Heche, media mogul Rupert Murdoch’s first wife Anna Murdoch, Kimora Lee Simmons and Titanic director James Cameron. Aguilera’s attorney is Laura Wasser, who has also represented Ashlee Simpson, Kelis, Johnny Knoxville, Mel Gibson’s wife Robyn, Britney Spears, music producer Jimmy Iovine, Patricia Arquette, Nick Lachey, Angelina Jolie, and Kiefer Sutherland.

Library Topics: divorce settlement, joint custody, prenuptial agreement, marital assets, divorce judgment, divorce attorney

See Also:

Categories: Entertainers, Their Lawyers People: , , , Add a Comment

Tony Hawk Divorcing for Third Time

By K. McKinney | Published: February 17, 2011

Tony Hawk, pro skateboarder, filed for divorce from his third wife Lhotse Merriam earlier this month. The divorce petition was filed in San Diego County, California.

The former couple was was married five years ago before 80 guests in Fiji. They first met when Merriam was a publicist for the X-Games. Hawk and Merriam have a two-year-old daughter Kadence Clover. “We have made the difficult decision to file for divorce,” they said in a joint statement. “We remain deeply committed and loving parents to our daughter, and out of respect for that responsibility we ask that people honor our family’s privacy during this important time of transition. Thank you for your understanding.”

Kadence was born in June 2008. Hawk has three sons from his previous marriages. Eldest son Riley, almost 21, is the son of Hawk’s first wife Cindy Dunbar. Hawk and Dunbar divorced in 1993. Hawk married Erin Lee in 1996. They had two sons, Spencer (age 11) and Keegan (almost 10). Lee and Hawk divorced in 2004.

There is no indication in media reports whether or not there is a prenuptial agreement. One would guess though that Hawk, whose net worth is estimated at about $120 million, would have required one after two previous divorces. Without a prenuptial agreement, Merriam would be entitled to half of the couple’s community property (any assets accumulated during the marriage).

Library Topics: divorce, California family law, prenuptial agreement, community property

Categories: Athletes People: , 1 Comment

Ashlee Simpson Files for Divorce from Pete Wentz

By K. McKinney | Published: February 9, 2011

Ashlee Simpson filed for divorce from husband Pete Wentz in L.A. County Superior Court today. As per California no-fault divorce law, Simpson cited “irreconcilable differences” as grounds for the divorce. The couple’s legal date of separation is to be determined (separation date bears on identification of marital assets for division).

The divorce docs indicate that Simpson is asking for joint legal custody and primary physical custody of two-year-old son, Bronx. She also requests child support and spousal support.

The couple married in May 2008. Bronx was born the following November.

Simpson, younger sister of singer/reality star Jessica Simpson, achieved mild success in the music industry prior to her marriage but has been largely absent from the public eye since Bronx’s birth. Wentz gained fame as bassist for music group Fall Out Boy, which has been on indefinite hiatus for the last year.

The former couple released a joint statement, saying, “After careful consideration, we have made the difficult decision to file for divorce. We remain friends and deeply committed and loving parents to our son Bronx, whose happiness and well-being remains our number one priority. We ask that everyone honor our privacy as we navigate this next phase of our lives.”

They reportedly have no prenuptial agreement. Simpson has also asked for the restoration of her maiden name.

Simpson is represented by Hollywood divorce attorney Laura Wasser. Wentz is represented by domestic lawyer Stacy Phillips.

Library Topics: divorce, no-fault divorce, joint legal custody, primary physical custody, child support, spousal support, prenuptial agreement, name change after divorce, divorce attorney

Categories: Entertainers, Their Lawyers People: , , , Add a Comment

Father of Padma Lakshmi’s Baby Seeks Custody

By K. McKinney | Published: January 30, 2011

Former model and Top Chef host Padma Lakshmi gave birth to daughter Krishna last February but declined to identify the baby’s father publicly. Shortly after the baby was born, however, media outlets reported that Adam Dell, a venture capitalist who splits his time between Austin and New York City, was the baby’s father.

Dell is the brother of Dell Computers founder Michael Dell and is a business/law/technology professor at both the University of Texas School of Law and Columbia University’s Business School. Lakshmi and Dell apparently dated for some time in 2009 but were not a couple at the time of Krishna’s birth.

Last spring, it was suggested in news reports that Lakshmi and Dell has reached a private custody agreement which gave Dell visitation. Now, it appears that Dell is unsatisfied with that initial agreement as he has filed documents in New York, seeking a custody order.

Dell was apparently never happy with the amount of time he was allowed to spend with Krishna under the initial agreement. The filing reportedly asks for sole custody of the 11-month-old but sources indicate that Dell hopes that the parties can work out a shared custody arrangement. He filed after negotiations allegedly reached a stalemate.

According to sources, Dell now gets to see Krishna for seven hours a week. “He’s allowed nine visits a month and no longer than three and half hours,” the source says, adding that scheduling visitation is sometimes difficult as Lakshmi travels often for work.

Some reports indicate that Lakshmi is willing to work out a mutually agreeable arrangement but increased time right now is difficult because Lakshmi is still breast-feeding Krishna. (It is not unusual for visitation time to increase after a child stops breastfeeding.)

Lakshmi was married to author Salman Rushdie from 2004 to 2007. She has been linked to wealthy businessman Teddy Forstmann (who is 30 years her senior) since before Krishna was born (and even, according to some reports, while she was still linked to Dell).

Library Topics: custody and visitation, sole custody, shared custody

See Also:

Categories: Entertainers People: , Add a Comment

John Mellencamp Files for Divorce

By K. McKinney | Published: January 20, 2011

News first surfaced a few weeks ago that musician John Mellencamp and his wife Elaine Irwin had separated after 18 years of marriage. That announcement was quickly followed by news that Mellencamp was dating actress Meg Ryan. The two have been seen together on numerous occasions over the past several weeks.

This week, Mellencamp filed for divorce in Brown County, Indiana. Irwin and Mellencamp live in Bloomington, Indiana with their two teenage kids. According to the filing, the couple has been separated since approximately September 1, 2010. They were married on September 5, 1992.

The petition for dissolution of marriage (which you can see here on RadarOnline) indicates that the couple has a valid and enforceable prenuptial agreement to govern the distribution of property. It also indicates that Irwin would like her maiden name restored to her (she apparently went by Elaine Mellencamp during the marriage but will be changing her name back to Elaine Irwin).

The petition also notes that the couple intends to submit a Confidential Child and Property Settlement Agreement to the court for review and approval. They are not requesting a hearing and apparently intend to have the entire matter settled, asking the court to enter its Summary Degree without the necessity of court appearances.

The Mellencamps met in 1991 when she modeled for the cover of one of his albums. They married the following year.

Library Topics: divorce, petition for dissolution, prenuptial agreement, distribution of property, changing name after divorce, settlement agreement

Categories: Entertainers People: , Add a Comment

Halle Berry’s Ex Files for Paternity

By K. McKinney | Published: January 19, 2011

Halle Berry’s ex-boyfriend Gabriel Aubry filed paternity documents recently, asking a California court to legally acknowledge that he is the father of Berry’s 2-year-old daughter, Nahla.

Berry and Aubry split last spring, though Aubry did not file his paternity petition until December 30, 2010. Establishment of paternity will give Aubry joint legal custody of Nahla. He apparently also seeks joint physical custody of the toddler. There is no request pending regarding child support.

It appears that the case is already settled and will progress through the court rather quickly. The filing indicates that both parties have signed documents acknowledging Nahla’s paternity. The child’s last name is Aubry.

According to some tabloid sources, Berry and Aubry reportedly have an agreement as to parenting time and support and do not feel it necessary to litigate those issues.

As Berry and Aubry have now clearly moved on romantically (he recently date Kim Kardashian; she is seeing French actor Olivier Martinez), it appears that Aubry has decided that it is time to legalize his relationship to Nahla in order to protect his parental rights.

Once paternity has been established, Aubry will then have the legal ability to seek modification of custody of the child now or in the future. He will also be legally on the hook for child support.

In addition, established paternity means that Berry cannot, in the future, pursue adoption proceedings with a new husband without the Aubry’s consent. There is no indication that Berry has any intention to do this – but it is a consequence of any legal determination of paterity.

Library Topics: paternity, California family court, joint legal custody

Categories: Entertainers People: , Add a Comment

Camille Grammer Opposes Kelsey Grammer’s Bifurcation Request

By K. McKinney | Published: January 14, 2011

Just before the New Year, actor Kelsey Grammer asked a California family court to bifurcate his divorce from his wife, Real Housewife of Beverly Hills Camille Grammer. It was presumed at the time that Kelsey wanted to marry his new fiancee Kayte Walsh quickly. (Kelsey confirmed that on the Late Show with David Letterman this week, telling Letterman that the two plan to marry next month.)

Kelsey might be jumping the gun a bit with his wedding announcement though. Camille filed her official response to Kelsey’ bifurcation request this week. Not surprisingly, she opposes the request.

Although it may be easy to pass off her objection to the actions of a woman scorned, a review of Camille’s declaration in support of her filing reveals some very real concerns.

Kelsey wants the judge to dissolve his almost 13 year marriage to Camille, making him single and legally eligible to marry again, and resolve all remaining issues (property division, child custody, child support, spousal support) at a later date. Camille is concerned that his impending remarriage will negatively affect her legal rights to the approximately $120 million marital estate.

Camille’s concerns are rooted in the fact that Kayte Walsh, upon marrying Kelsey, would presumably receive some legal rights to property that is still subject to divorce litigation between Kelsey and Camille. Kelsey did file paperwork at the time of his bifurcation request which joined his interest in various pension funds to the suit, this was done in an attempt to meet statutory conditions which would protect the other spouse’s interest in those funds until the divorce was finally resolved.

In the filing, Camille estimates the value of the marital estate at $120,000,000 including multiple real estate properties, artwork, brokerage accounts and more than 25 vehicles.

Library Topics: bifurcation, legal eligibility to marry, divorce litigation, dividing pension funds, marital property

Categories: Entertainers People: , Add a Comment