PRESS RELEASE

SAN JOAQUIN FAMILY LAW HELPS CHANGE PARENTAL RIGHTS LAWS

In 2009, Attorney Jacob Benguerel accepted a custody case wherein his same-sex client was being denied visitation and custody rights. Although she was not the biological mother, he argued that she was a presumed parent under the law due to the fact that she accepted the child into her home and held her out as her own child. The then existing case law regarding same-sex couples and presumed parents only discussed couples that planned to have a child together. In this case, the client met the biological mother while she was pregnant and later developed a long term, live-in relationship. During the relationship the client held the child out to her family, friends, and the community as her own child. When the parties separated, the client was denied visitation. After a hearing on the motion for custody and visitation and a subsequent trial the client was awarded visitation rights but the motion to establish paternity was denied. The client then contacted the National Center for Lesbian Rights who put her in touch with a firm that was willing to handle the appeal pro-bono (Chapmin, Popik, and White). On appeal, the court held that the failure of the parties to plan the pregnancy was irrelevant to the issue of whether or not the client was a presumed parent under the law. This holding along with the in-depth discussion of the controlling law clarified the state of the law and gave parental rights to parties that previously had not enjoyed protection under the law.

SEE THE OPINION HERE: http://www.courtinfo.ca.gov/opinions/documents/C064745.PDF

OUR REVIEWS

These testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

I am writing this letter to tell you of my appreciation in regards to my case. I am very happy for your services for my children and myself during his time of need. You’ve shown that you care about my case and children. You displayed a lot of prudence and character. I noticed during this time that you and your assistant could’ve charged me a lot of money, instead you worked with me.

I am happy with the results that your office has gotten for me, you faced a lot of trying moments during this case, yet you kept the belief that what is right shall prevail. You’ve shown that integrity is not just a word, it’s the way you show your character throughout trying times. I am very happy that you represented me and my family.

Thank you Mr. Benguerel.

Thank you Trina.

Truly,

J. Chessman and Family

After 11 years of going back and forth to court, having Jacob Benguerel represent me made a positive impact.  All I wanted was to have my son a part of my life without all the drama.  He and his paralegal Catrina were very understanding and helpful.  They are quick to help and easy to work with. And always returned my calls promptly and listened to every concern I had. Being a father himself made me feel like he understood where I was coming from.  I've been to two other lawyers through the years and never had positive results.  I highly recommend San Joaquin Family Law.

A. Cooper