One of the most common and complex issues which concern those considering the end of their marriage is child custody in Carlsbad divorce cases. How will custody of your child or children be handled? What is “Parenting Time” and what are the key issues surrounding child custody?
When it comes to child custody in Carlsbad and North County divorce cases California law and our Family Law Courts are focused upon what is in the best interest of the child. Whenever possible, the Courts wish for a child to spend equal “quality time” with each parent, as this is what California law has found to be best for a child in most cases.
The two primary concepts to understand are “custody” and “parenting time or visitation.”
“Physical Custody” refers to the legal authority to have residential or physical custody of the child, while “Legal Custody” refers to the authority to make decisions regarding the health, education, religious practices and extra-curricular activities associated with your child’s life.
The Courts may order “Joint Custody” which provides each parent equal physical and legal custody standing with regards to the child. They may also decide upon “sole” custody, awarding these rights to one parent only. Sole custody is more rare these days, and is often associated with cases of alcohol or drug abuse, physical violence or criminal activity.
“Parenting Time” refers to what is often known as “visitation.” The primary issues of parenting time are how much time will the child spend with each parent, and what will the schedule between households look like?
In many cases the parents will divide time between each home in a creative manner which allows for smooth transitions based upon the natural rhythms of the child(ren)’s life. In other situations, a more rigid schedule may be a better suited for the existing “status quo” – the present schedule, activities and lifestyle of the child.
In summary, child custody in Carlsbad divorce cases is broadly focused upon the best interests of the child. The Certified Family Law Specialists at Burke & Domercq have decades of experience here in Carlsbad and North County divorces. We can offer you the benefit of extensive experience, sound advice and counsel based upon your unique circumstances.
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 with one of our attorneys to learn more about child custody in Carlsbad divorce cases.