What if your child wants to change parents in a child custody case during or after a divorce in Carlsbad or San Diego? Divorce itself is filled with enough challenges and emotional issues. Things can become even more challenging if one of your children tells you they want to make a change to their primary residence. This is a crucial…
Child Custody
Domestic Violence in Carlsbad Divorce Cases
How will the Court handle domestic violence in Carlsbad divorce cases? What is the impact of restraining orders and findings of domestic violence in a North County family law case? Those who have experienced domestic violence, especially in the context of the end of a marriage and divorce, often feel isolated and that there aren’t many options available for help.…
Shared Parenting and Joint Custody
California residents might want to know more about shared parenting as many states are working towards legislation that makes co-parenting law. In some cases, this could mean shared parenting and joint custody is mandated even if that is not what the parents want. There are potential benefits and drawbacks to mandating equal parenting time in a divorce. On the positive…
Do Mothers Have Any Advantage in Child Custody Cases?
We are often asked “Do mothers have any advantage in child custody decisions during a North County or Carlsbad divorce?” California family law makes it quite clear there is no automatic bias toward either parent during the process of a divorce from the law’s perspective. There is a general perspective that mothers are awarded more parenting time than fathers, but…
It is Important to Fight Restraining Orders in a San Diego Divorce Case
It is important to fight restraining orders in a San Diego divorce case to protect your rights as a parent if you are falsely accused. Why should you contact Burke & Domercq and make sure to go to the hearing if you’ve been served with a restraining order and are approaching or in the midst of a divorce? It’s important…
Can Relocation with Children without Advance Permission of the Court Affect Existing Child Custody Orders?
Can relocation with children without advance permission of the court affect existing child custody orders after a divorce? Is it possible to lose child custody if you take the children and relocate out of the area without the advance permission of the court? The short answer is: “It’s complicated, but yes.” In a typical Carlsbad divorce case the judge will…
Seeking Paternity Orders to Protect Your Child Custody Rights
Are you an unmarried father seeking paternity orders to protect your child custody rights in San Diego? Many unmarried fathers are confused by the topic of paternity in Carlsbad. After all, you probably completed paperwork at the hospital which put your name on your child’s birth certificate. You may even have begun to fulfill child support obligations. However, it is…
Should Couples Separate Before Getting a Divorce in Carlsbad?
Should couples separate before getting a divorce in Carlsbad? Before filing for an actual divorce here in North County some couples may decide to attempt to physically separate while they determine if divorce is ultimately the right decision for them. Physically separating can give each person time and space away so that they can decide whether they want to work…
A Father’s Perspective on Child Custody and Parenting Time in North County
Let’s take a father’s perspective on child custody and parenting time in North County and San Diego Family Court. These days, fathers in California who reside with their children tend to participate more in their activities, care and with household chores. The number of fathers who are single and who remain at home to raise their children has also increased.…
Are You Concerned About Protecting Your Right to Co-Parent in a Carlsbad Divorce?
Are you concerned about protecting your right to co-parent in a Carlsbad divorce? Generally speaking our Family Courts believe it is better for the child to spend equal amounts of quality time with each parent during and after a divorce. However, there are actions and lack of action you can display which can actually harm your child custody and parenting…