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Common Questions Regarding Child Custody

On Behalf of | Aug 11, 2019 | Child Custody and Visitation

What are some of the common questions regarding child custody in Carlsbad divorce cases?  Here are a few of the questions we often receive:

Can the child pick the parent they wish to live with?  Many people are under the false impression that a child can choose one parent over the other once they reach the age of 12 to 14.  This is simply incorrect.  The judge in your case is the only person with the authority to make the final decision in these matters.  The judge will absolutely take the input of the child into consideration, even if they are younger than 12.

Can we (the parents) decide child custody for ourselves?  Usually.  If both parents are in complete agreement on all terms contained within a child custody and parenting time agreement the judge will usually accept this.  The judge will have questions and is still genuinely concerned about what is in the best interests of the child, but usually these agreements will hold up.

If I want custody or to share custody is it ok if I move out? This is one of the more common questions regarding child custody and the answer is firmly “no.”  Moving out may change the “status quo” and give your former spouse an advantage in a custody dispute.  Seek the sound advice and counsel of our experienced Certified Specialists and make sure at least temporary child custody orders are in place before you move out.

Will an affair affect child custody in my case?  Generally speaking, no.  The court is not interested in these types of sordid details.  The exception to this would be a situation where extreme neglect or harm had come to a child as a direct result of the affair (such as a child was left at home alone without supervision).

What happens if we can’t agree on custody and parenting time?  Usually the parties and their attorneys will work to negotiate a resolution.  If this is not successful mediation is an excellent next step.  Ultimately if the parties can’t agree the case is placed before a judge to make decisions regarding custody and parenting time.

If you are considering a divorce in Carlsbad, Oceanside, Encinitas or anywhere in Carlsbad and are concerned about child custody we invite you to review the strong recommendations of former clients and the legal industry and contact Burke & Domercq, or call 760-389-3927 to schedule an appointment.  Our attorneys and staff often field common questions regarding child custody and can help you to put concerns to rest.  We work with our clients to develop a specific strategy to accomplish their goals and objectives for child custody and parenting time and all other aspects of their divorce.