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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.

For more than fifteen years, Fred has authored an often controversial and oft- quoted opinion column in the Los Angeles Daily Journal. He also is regularly quoted by media including The Los Angeles Times, the Los Angeles Daily News, The Los Angeles Business Journal, USA Today, Entertainment Tonight, E! Entertainment Television, KCBS and KCAL, among others. Fred has represented numerous high profile individuals in family law matters. He is also the founder of Modern Family Builder, a full-service surrogacy/assisted reproductive technology practice in Beverly Hills.

Blog Entries by Fred Silberberg

Senate Bill 115 is Necessary to Protect Children and Fathers

(10) Comments | Posted April 12, 2013 | 3:55 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 | 6:30 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 | 11:42 AM

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 | 5:26 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 | 11:10 AM

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 | 6:25 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 | 11:57 AM

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 | 11:43 AM

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 | 2:49 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 | 9:39 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 | 2:40 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 | 2:04 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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Child Support Accountability: Where Is It?

(175) Comments | Posted November 10, 2010 | 9:41 AM

The other day a client was in my office discussing the amount of child support he was paying. My client, who is in the entertainment industry, makes a large amount of money. As a result, he pays a fairly significant amount of child support to his ex-wife for their two...

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The Relationship Between Gay Suicides, Bullying and "Don't Ask, Don't Tell"

(7) Comments | Posted October 22, 2010 | 12:10 PM

Yesterday a federal appeals court granted an injunction sought by our government against the lower court's order abolishing the armed forces' "Don't Ask, Don't Tell" policy. The injunction was sought by our Justice Department. Although much will be written about the fact that our president (elected after campaigning with the...

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It's Time to Try the One-Way Street Plan

(4) Comments | Posted August 18, 2010 | 2:35 PM

This past Monday's visit by President Obama to Los Angeles only served to highlight the need for our elected officials to finally take some action to address the problem of traffic in Los Angeles and surrounding cities. This one event, which resulted in a various street closures between Beverly Hills...

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If They Really Want to "Free Gaza"

(459) Comments | Posted June 11, 2010 | 11:11 AM

Assume the following hypothetical situation for the purposes of this discussion: One of the violent drug cartels based in Mexico takes over the City of Tijuana. The Mexican government has no apparent ability to change this fact by force or otherwise. Our American government, in an effort to continue its...

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Religious Fundamentalism Should Not Be Affecting Americans' Rights

(114) Comments | Posted April 19, 2010 | 6:03 PM

You don't have to be a Constitutional scholar to know that one of the basic tenets of our governmental structure is separation of church and state. The framers of the Constitution were well aware of, and fearful of, the curtailment of individual rights if the religious institutions were allowed to...

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The Ultimate Act of Cowardice in the Prop 8 Case

(44) Comments | Posted January 15, 2010 | 1:02 PM

This week marked the commencement of the San Francisco Federal Court case over the constitutionality of California's Proposition 8, which banned same-sex marriage in California. For those who do not recall the particulars of the legislation, the proposition was supported by various conservative and religious groups who raised over $40...

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Alimony Reform

(15) Comments | Posted November 12, 2009 | 12:37 PM

In her October 31 Wall Street Journal article, Jennifer Levitz discusses the ongoing movement in some states to place limitations on the amount of alimony someone can receive in a divorce. She provides examples of how the law regarding spousal support often results in inequitable outcomes for people who are...

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Marriage Rights Should Not Be Determined By Popular Opinion

(68) Comments | Posted October 14, 2009 | 1:34 PM

The gay marriage debate in this country continues to rage on. As the California example demonstrates, rights are granted, rights are taken away. A similar battle rages in Maine. While some states have legalized gay marriage, others continue to debate the legality of it. Ironically, in Washington DC, gay...

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