Child Custody And Visitation Legal Representation
In the area of family law, child custody and visitation or parenting time matters can be among the most contentious and the most emotional. Since they involve issues related to parent-child relationships, the well-being of the children and family structure, it is important to have confidence in your legal representation.
At Burke & Domercq, APC, our clients have a genuine concern at the outset of the divorce process, and often ask us:
- “How is child custody and parenting time decided?”
- “What if there are concerns about a former spouse’s ability to effectively parent?”
- “What if the other parent attempts to make important decisions without me?”
It is normal to have many questions about your future with your children at outset of a divorce. We understand your concerns and can provide answers to all your questions.
Protect Your Rights And Obtain The Best Possible Arrangements
At Burke & Domercq, APC, our certified family law specialist assists clients with challenging child custody and visitation matters. We can help you defend your rights and secure a favorable outcome for yourself and your family if you have concerns about custody or parenting time related to divorce or to children born outside of wedlock. Our attorneys can help you get answers to essential questions about:
- Types of custody: What is the difference between legal and physical custody for my case, and what kind of custody is there? What does it mean to have legal custody and what do I need to spend enough time with my children?
- Relocation: What do I need to move away with my kids? What if my ex wants to move? How do we agree on relocation matters?
- Agreeing on custody and parenting plans: Is it possible to develop our own agreement, and will the court honor it? If the court decides, what criteria will they use to determine their decision?
- Parenting plans: Does the age of my kids change anything? Who decides these plans? Is it best to keep the kids together?
- Grandparents and other relatives: How do grandparents fit into the equation? What about grandparent visitation?
- Fees: Who pays the attorney fees? How are fees determined? Are different fee structures available?
Dedicated And Experienced North County Child Custody Lawyers
Regarding custody, California law has no preference on the basis of a parent’s gender, disability, race, creed, age, wealth, religion or employment status. State laws typically favor its decisions toward the parent most willing to share custody. The best interests of the children is the main priority in these cases.
No situation is the same in these cases. Building your case will require you to prove that you properly feed, love and care for your child while generously providing regular contact with the other parent. If domestic violence is a factor, the other factors may not apply, and a court’s decision to award custody to a person convicted of domestic violence is not likely.
How We Make Ourselves Available
You can count on us for honest, practical advice regarding your legal matter. Our California-certified family law specialist has decades of experience and legal skills required to achieve a favorable outcome in your case.
After an initial consultation with one of our lawyers, you will have a clear understanding of your legal rights and your options for resolving your child custody parenting time or visitation issue. Credit cards are accepted. We are located in Carlsbad, serving families in Carlsbad, Encinitas, Oceanside, Rancho Santa Fe, Vista and all of North County San Diego.
What are the types of child custody?
California has two broad categories of custody:
- Legal custody: The right to make important decisions for the child regarding health care, religion, education, etc.
- Physical custody: The right to have the child reside with you.
Parents can share legal and physical custody in these ways:
- Joint legal custody: Both parents have the right to make important decisions about the child’s life.
- Sole legal custody: Only one parent has this right.
- Joint physical custody: The child splits time between between each parent’s physical residence.
- Sole physical custody: The child lives with only one parent permanently.
What is parenting time?
Parenting time is a formal agreement that specifies how each parent will participate in the physical and legal custody of the child. This includes specifics regarding how time will be divided between the two, transfers, pick up and drop off as well as important decision-making processes.
Is there a difference between child custody and parenting time?
Child custody refers to the where the child lives and the legal right to make decisions regarding a child’s life. Parenting time, also called visitation, refers to the time allocated between the parents and the child.
Let Us Help You
If you are ready to schedule your initial consultation, call us at 760-389-3927 or email us here. The sooner you reach out to us, the sooner we can start building a strategy to help you and your family.