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 children and family structure, it is important to have confidence in your legal representation.
Our clients have 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 in your heart and mind at the outset of a divorce. We understand your concerns and the worries which keep you up at night. The fastest way to begin to get answers you can count on is to contact the experienced child custody and parenting time attorneys at Burke & Domercq or call 760-712-3741 to schedule an appointment today.
Protect Your Rights And Obtain The Best Possible Arrangements
At Burke & Domercq, LLP, our Certified Family Law Specialists assist clients with challenging child custody and visitation matters. We can help you protect your rights and obtain the best possible arrangements for yourself and your children if you have custody or parenting time concerns related to divorce or to children born outside a marriage. Our attorneys can help you get answers to essential questions about:
- Types of custody: What exactly will legal and physical custody mean in my case, whether it is sole, joint or a combination thereof? What is the difference between having legal custody and actually being able to spend enough time with my kids?
- Relocation: Am I going to be allowed to move away with my child? What if my former spouse wants to move? If we can’t agree on relocation arrangements, who decides, and how?
- Agreeing on custody and parenting plans out of court: Can we come up with our own agreement? Will the court honor our agreement? If we cannot come up with an agreement, what criteria will the court use to determine what is best for our child?
- Parenting plans: Do these differ for children of different ages? Should we keep the kids together or should we separate them? Who decides on this and how?
- 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
With regard to custody, California law gives no preference to one parent of a child based on that parent’s gender, age, wealth, disability, race, creed, religion or employment status. State law generally says that a court shall award child custody jointly, or if to one parent, it should be to the parent most willing to share the child with the other parent. Serving the best interest of a child is the guiding principle in all custody decisions.
Every situation is different. Developing your case will involve the presentation of facts that show that you properly nourish, nurture and care for your child while generously providing continuing contact with the other parent. If domestic violence is involved, these factors may not apply, and a court’s discretion in awarding custody to a person convicted of domestic violence is extremely limited.
Contact The Firm’s Certified Specialist North County Child Custody And Parenting Time Attorneys
Contact the Carlsbad child custody attorneys of Burke & Domercq, LLP, or call (760) 712-3741 for honest, practical advice regarding your legal matter. Our California Certified Family Law Specialists have decades of experience and legal skill required to achieve the best possible 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.
Is there a difference between child custody and parenting time?
Yes, child custody deals with the legal right to make important decisions regarding a child's life and well-being, while parenting time allocates visitation time between the parents of the child.
What are the two elements of child custody?
Physical custody is the right to have the child in residence, and legal custody is the right to make important decisions for the child regarding health care, religion, education, etc.
What is joint custody?
Joint custody is quite common in a North County divorce. This is where each parent shares equally in physical custody and legal custody for the child.
What is parenting time in North County?
Parenting time in North County is a formal agreement which 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.