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Fred Silberberg
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Fred Silberberg is a Beverly Hills attorney who has been specializing in Family Law for more than 25 years. His opinions on family law related matters and societal issues have made him a prominent attorney in the field of family law as well as a frequent commentator.

Fred has written and published extensively on family law topics in the Los Angeles Daily Journal, as well as other publications. He also is regularly quoted or appeared in the media including most recently, Good Morning America, CNN, Fox News, The Los Angeles Times, the Los Angeles Daily News, The Los Angeles Business Journal, USA Today, Entertainment Tonight, E! Entertainment Television, RadarOnline, KTTV News KCBS and KCAL, among others. Fred has represented numerous high profile individuals in family law matters, and most recently won a published decision by the California Court of Appeal for Jason Patric in his parentage case. Fred is also the founder of Future Family Starter, which handles surrogacy and assisted reproductive technology law matters.

Entries by Fred Silberberg

The New World of Parentage and Parenting

(0) Comments | Posted December 10, 2014 | 3:46 PM

Every day we see one of the offshoots of the sexual revolution; the freedom to have children outside of marriage without the social stigma which both children and parents of children born out of wedlock were subjected to thirty or more years ago.

Coupled with the freedom to have children...

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Divorce Doesn't Necessarily Mean Freedom

(4) Comments | Posted October 22, 2014 | 4:05 PM

Robert Emery's op-ed in the New York Times addressing how parents who are separated or divorced lose their rights concerning children only touches upon one area of familial regulation that divorced or separated people face, which they would not have faced if they had remained married. While Professor...

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Planning Pays Off

(0) Comments | Posted October 21, 2014 | 3:26 PM

Divorces don't usually just pop up unexpectedly. That's not to say that there are not situations where someone is overtaken by emotion and just decides to call it "quits", that does happen. But more often than not, the divorce process is something that starts, at least in the mind of...

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Alimony Reform Revisited

(5) Comments | Posted October 17, 2014 | 2:49 PM

I have previously written on the need for alimony reform. California law affecting what we call "spousal support" creates a situation where the supported spouse has, in many cases, little if any incentive to work. Moreover, the legal presumption that one who is married for ten years or more is...

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The Importance of the Standard of Living

(0) Comments | Posted July 15, 2014 | 5:50 PM

We often hear people jokingly refer to the fact that someone in a divorce is supposed to "enjoy the standard of living to which they have become accustomed" after a divorce. Case law in California does support the proposition that what we lawyers refer to as the "Marital Standard of...

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Conscious Uncoupling

(0) Comments | Posted June 5, 2014 | 6:22 PM

If you've turned on the news this month, odds are you've heard about Gwyneth Paltrow's separation from her husband, Chris Martin. They appear to be going about it quite amicably, and for that we should applaud them. However, Ms. Paltrow has taken it a step further by labeling her divorce...

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Alimony Reform

(10) Comments | Posted February 11, 2014 | 2:06 PM

Alimony payments are often a central point of contention in any divorce case. While it's easy to see how someone who's recently exited a marriage agreement could benefit from some period of steady support to get them back on their feet, alimony can just as easily turn into a windfall...

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Q-and-A for Same-Sex Couples About to Get Married: The Legal Ramifications

(55) Comments | Posted July 17, 2013 | 5:30 PM

The legal developments of the past couple of weeks have created a lot of excitement for us in the gay community, as they should have. A wave of weddings has begun! While no one wants to rain on this proverbial parade, we should pause before we act, because not only...

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Senate Bill 115 is Necessary to Protect Children and Fathers

(10) Comments | Posted April 12, 2013 | 4:55 PM

The Uniform Parentage Act governs the determination of parentage of children who are born of parents that are not married. The Act, in various forms, is implemented in the majority of states. One provision of the act provides that if a man provides semen to a licensed physician, for the...

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Equal Custody Between Parents Should Be the Legal Norm

(89) Comments | Posted June 29, 2012 | 7:30 PM

Family law is an area that is full of legal presumptions. There are presumptions about who is a legal parent. There are presumptions in many states about what property is jointly owned. These are just two such examples. Yet, there is one presumption that seems to be missing from the...

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Is Surrogacy on Its Way to Becoming 'The New Normal'?

(3) Comments | Posted June 20, 2012 | 12:42 PM

Surrogacy affords the opportunity of a dream-come-true for couples and individuals hoping to become parents but face the burdens of infertility or other health issues which make pregnancy and delivery dangerous or impossible. It enables you to welcome a child into the world who is truly your own and continue...

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Theresa Erickson's Surrogacy Scheme Should Have Been Avoided

(3) Comments | Posted March 1, 2012 | 6:26 PM

The recent conviction of renowned surrogacy lawyer Theresa Erickson is a disheartening reminder of the vulnerabilities faced both by hopeful parents and surrogates who choose to pursue a surrogacy agreement.

The absence of federal regulation in the U.S. and surrogacy's patchwork, state-by-state legal structure exposes parents and surrogates...

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Jurists' Personal Lives Should Remain So

(2) Comments | Posted December 9, 2011 | 12:10 PM

The 9th Circuit Court of Appeal heard argument yesterday on whether the decision of Judge Vaughn Walker, who presided over the trial on the constitutionality of Proposition 8, ruling it unconstitutional, should be overturned. The argument, being advocated by so-called "pro-marriage" groups, and not by any governmental agency seeking to...

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States Should Follow Massachusetts' Lead

(21) Comments | Posted July 27, 2011 | 7:25 PM

It seems that of late, Massachusetts is the state that leads the rest of the country when it comes to family law issues. After all, it was Massachusetts that enacted laws permitting same-sex marriage. That started somewhat of a domino effect on the East Coast. It also started a dialogue...

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Brother of a Different Mother

(430) Comments | Posted May 27, 2011 | 12:57 PM

Much attention has been given in the last two weeks to the disclosure that former California Governor Arnold Schwarzenegger fathered a child with the family's housekeeper, and kept that information a secret from his now-estranged wife, Maria Shriver. Most of the focus in regard to this story has been about...

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Legal Ramifications of Having Children Out of Wedlock

(14) Comments | Posted April 5, 2011 | 12:43 PM

It seems today that there is no longer a stigma of having a child out of wedlock--not only a trend among celebrities, but also increasingly common amongst everyday couples. Not only a trend seen in the young and poor, it is a trend that has been illustrated across ages, income...

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10 Reasons Why It is Important to Have a Prenuptial or Cohabitation Agreement

(57) Comments | Posted March 30, 2011 | 3:49 PM

While not the most romantic of topics, prenuptial and cohabitation agreements have become increasingly important for couples planning to marry or live together. No longer only for the rich and famous, prenuptial agreements provide significant benefits for any couple--both for the financial well-being of the individuals and overall well-being of...

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Sheen Custody: Maybe Neither Parent Should Have the Kids?

(12) Comments | Posted March 17, 2011 | 10:39 PM

It seems the public can't get enough of Charlie Sheen these days. Every day seems to be another media interview, re-publication of alleged text messages, or re-publication of tweets that Charlie has supposedly sent out. It is almost as though Charlie, having attacked CBS and those associated with his long...

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Our Priorities Should Not Include the Defense of DOMA

(5) Comments | Posted March 9, 2011 | 3:40 PM

This week, Speaker of the House John Boehner is convening his committee intending to represent the government in court in defense of the various pending legal challenges to what is commonly referred to as "DOMA", or the "Defense of Marriage Act". Because of DOMA, the Federal Government does not recognize...

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Divorce Is Not A Failure

(79) Comments | Posted January 22, 2011 | 3:04 AM

How many times have you heard someone tell you that they had "a failed marriage"? In colloquial terms, people often describe the fact that they have been divorced as a "failure". Others, referring to someone who has been divorced, commonly say "she had a failed marriage." The connotation is that...

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