Carlsbad Child Custody Attorneys

How Is Child Support Determined in Relation to Custody?

In California, child custody plays a key role in child support obligations. Family courts typically consider several factors to determine child support payments, including each parent's income, the number of children, and the time each parent spends with the child ("timeshare"). 

Generally, the custodial parent is more likely to receive child support payments from the other parent. When one parent has primary physical custody, the non-custodial parent typically has a higher payment obligation. If both parents share physical custody, the child support payments may be lower or shared differently.

No matter your legal circumstances, consulting an experienced lawyer is paramount to safeguarding your finances, family, and future. Our attorneys can help you understand the potential impacts of your specific current custody arrangement on child support obligations and advocate for a fair solution on your family’s behalf. 

Common Child Custody Cases We Handle

Enforcement of Custody Orders

If your co-parent violates the terms of your parenting plan, it’s important to exercise your rights by enforcing the custody order. Our firm can help you gather evidence to file a motion for contempt of court or request a modification of the existing order to hold your co-parent accountable, protect your child, and restore peace and stability to your family. 

Emergency Custody Orders & Restraining Orders

If you believe your child is in immediate danger due to domestic violence or other serious threat, it’s important to act quickly. Contact local law enforcement if necessary and gather any evidence to support your case, such as medical records, police reports, and threatening text messages, emails, or voicemails. We can help you file a request for an emergency custody order or restraining order. This expedited process allows the court to temporarily modify custody or visitation to protect your child in emergencies. 

Move-Away & Interstate Custody Disputes

Our lawyers assist families navigating move-away and interstate custody disputes under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA ensures that the court with jurisdiction over the case (typically the child’s home state) retains authority to make custody decisions. 

If one parent wants to move away or relocate out of state, family courts must assess whether the move is in the child’s best interest. We can help you explore your legal options, understand your rights, file necessary motions, and represent your best interests in court if necessary to protect your parental rights. 

Co-Parenting & Mediation Options

Co-parenting plays a vital role in child custody cases by fostering collaboration and creating a stable and supportive environment for children. We can help your family develop an effective co-parenting plan that prioritizes the child’s well-being while accommodating both parents’ schedules and responsibilities. 

Our firm also guides couples through mediation, which can be a valuable tool to resolve co-parenting disputes in a neutral setting while minimizing emotional stress on children and loved ones. Voluntary mediation allows parents to take control of decision-making with the guidance of a trained mediator, while court-mandated mediation is required for custody or visitation disputes (Cal. Fam. Code § 3170).

Third-Party Custody & Non-Parent Rights

Relatives and non-parents may seek custody or visitation rights in specific circumstances. This typically occurs if the child’s parents are unable to provide proper care. For example, grandparents may petition for visitation rights under Cal. Fam. Code § 3103 if they have a pre-existing relationship that benefits the child. 

Non-parents must demonstrate that placing the child in their care is necessary to protect the child’s well-being. Unlike custody, guardianship can extend beyond parental rights and requires special considerations, making it crucial to secure experienced representation. Our attorneys can help you navigate these delicate processes with caring counsel tailored to your specific legal goals.

Paternity & Parental Rights for Unmarried Parents

Unmarried parents often face unique challenges when it comes to child custody. Unlike married couples, custody and visitation arrangements for unmarried parents aren’t automatically established at birth. Instead, legal steps must be taken to define parental rights and responsibilities and create a custody plan that puts the child’s needs first. Our lawyers are familiar with local court processes to help families navigate these legal nuances, establish parental rights, and seek custody and visitation in family court. 

Special Considerations for Military Parents

Military deployment or relocation can create unique challenges for families with custody and visitation agreements in effect. Family courts must consider the impact of a parent’s military obligations while prioritizing the child’s best interests. If a military parent is deployed, custody arrangements may need temporary adjustments, such as arranging virtual visitation or alternative schedules.

Military parents are also entitled to certain protections under the Servicemembers Civil Relief Act (SCRA). This federal law offers important protections for service members involved in custody cases, including the option to request a temporary delay or “stay” in custody proceedings if they are deployed or unable to attend due to military service. Courts are also prohibited from denying custody on the basis of deployment under the SCRA and Cal. Fam. Code § 3074. 

At Burke & Domercq, we understand the common challenges faced by military families. Our attorneys have decades of experience representing service members in military divorces and other family law matters. Our goal is to establish fair custody agreements that respect our clients’ service commitments while protecting their parental rights. 

Dedicated to Safeguarding Your Family’s Future in Carlsbad

Navigating the complexities of child custody laws can be overwhelming, but you don’t have to do it alone. At Burke & Domercq, our attorneys are well-versed in the legal nuances of child custody in North San Diego County to protect your rights in and out of the courtroom. Our nationally recognized lawyers have extensive knowledge and experience to advocate for a favorable resolution on your behalf. With a proven track record of results and a reputation for delivering personalized representation in life’s most challenging seasons, you can trust us to prioritize your best interests from start to finish.

Preparing for a child custody dispute in Carlsbad? Our attorneys can work diligently to achieve a fair outcome. Call (760) 766-2284 to schedule a consultation.