Shared Parenting and Joint Custody

Shared Parenting and Joint Custody

Pierre Domercq Child Custody and Visitation

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

Do Mothers Have Any Advantage in Child Custody Cases?

Pierre Domercq Child Custody and Visitation

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 …

Mediation a Strategy You Should Consider in Your Divorce

Is Mediation a Strategy You Should Consider in Your Divorce?

Pierre Domercq Mediation

Is mediation a strategy you should consider in your divorce?  Why is mediation such an effective tool and how can it help in your own divorce case? Let’s begin with a few important facts: The greatest factor that determines the cost and time associated with a divorce is the ability of the parties to work through areas of disagreement to …

Fight Restraining Orders in a San Diego Divorce Case

It is Important to Fight Restraining Orders in a San Diego Divorce Case

Pierre Domercq Domestic Violence

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 …

Relocation with Children without Advance Permission

Can Relocation with Children without Advance Permission of the Court Affect Existing Child Custody Orders?

Pierre Domercq Child Custody and Visitation

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

Seeking Paternity Orders to Protect Your Child Custody Rights

Pierre Domercq Paternity

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 …

Does Child Support Have to Follow California Guidelines in a Divorce

Does Child Support Have to Follow California Guidelines in a Carlsbad Divorce

Pierre Domercq Child Support

As experienced Carlsbad and North County divorce and family law attorneys who have appeared before local courts for decades, we are often asked “Does child support have to follow California Guidelines in a Carlsbad divorce?” The answer to the Court’s flexibility to allow a deviation in guideline calculations can be both “yes” and “no.”  It actually depends upon your unique …

Should Couples Separate Before Getting a Divorce

Should Couples Separate Before Getting a Divorce in Carlsbad?

Pierre Domercq Divorce

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 …

Father's Perspective on Child Custody and Parenting Time

A Father’s Perspective on Child Custody and Parenting Time in North County

Pierre Domercq Child Custody and Visitation

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. …