What is the “best interests of a child” in a North County or Carlsbad child custody or parenting time case? Child custody and parenting time issues are associated with parents in a divorce, as well as unmarried parents in a paternity action. Child custody in California is legally divided into two forms of custody: physical and legal. Physical custody is…
What are the divorce options in Carlsbad? What do I need to know about the legal vehicles to end a marriage in North County? Divorces in Carlsbad primarily come in two types: A summary dissolution or a divorce. There is somewhat of a third option known as a legal separation. Which is best for your unique circumstances? The first of…
How will our property be divided in a Carlsbad divorce? California is a “community property” state. The marital assets and debts of parties considering a divorce are therefore known as “community property.” Community property is to be divided equally between the spouses. This includes all acquisitions during the course of the marriage, all debts incurred and the earnings of both…
Can you reduce or eliminate spousal support in North County? The recent impact of COVID-19 on the local business community has affected the income of many households here in Carlsbad and North County. How will a layoff, furlough or the loss of a job affect your spousal support obligations? Many people incorrectly believe that once a judge has issued a…
Do mothers have an advantage in child custody and parenting time cases here in Carlsbad and North County? How will child custody and parenting usually be approached in a divorce? The reality under California law and the application of that law in our Vista and San Diego Family Courts is simple: there is no bias to the mother when the…
Can a child express their wishes in a child custody case in Carlsbad or North County? Here in California and across the United States, there are statutes which require a court to consider the “best interests of a child” during all phases of child custody and parenting time cases. California recently adopted additional laws which increase the weight of the…
Why are child custody and support more important than ever for an unmarried father in Carlsbad? It is becoming more of a norm for children to be born to unwed parents in California and across the nation. The New York Times recently noted more than 50% of women under the age of 30 who have a baby are unmarried in…
The attorneys at Burke & Domercq have represented clients in Vista, Encinitas, Carlsbad, Oceanside and all of Carlsbad before our family court in Vista for decades. This extensive experience in decades of family law mediation inform and increase our effectiveness in child support negotiations during a divorce in Carlsbad. Child support discussions must begin with standard calculations contained within California’s…
What is the impact of domestic violence allegations in a Carlsbad divorce case? Our clients have many questions about domestic violence, restraining orders and the impact it will have upon child custody and parenting time as well as spousal support and other issues in the divorce. The most important issue to address is protection for those enduring domestic violence. We…
The challenges of a new school year may require a new North County or Carlsbad child custody and parenting time schedule. There is a lot of discussion in the news as districts decide how the new school year will be managed. As children in California go back to school in one form or another divorced or separated parents may want…