Many clients are surprised to learn that parenting plans can be quite creative here in San Diego. Child custody and parenting time (sometimes referred to as visitation) are part of parenting plans when a San Diego divorce case involves a child or children. Our Courts believe it is in a child’s best interest to spend quality time with each parent, and most considerations start at a 50% – 50% split between the parents.
Many in California mistakenly believe infidelity will affect child custody and parenting time. Generally speaking, the court is not interested in private matters which have led to the decision to divorce. Your parenting plan should work to establish fairly equal time for both parents, unless there are specific and provable issues such as:
- Alcoholism or drug abuse
- Domestic violence
- Criminal activity
- The presence of poor decision making subjecting the child to unsavory situations or people and/or danger
Parenting plans can be quite creative and should, if possible, reflect the natural rhythms of the children’s lives prior to the divorce. There are many “proven” patterns for sharing time with the children, and the experienced child custody and visitation attorneys at Burke & Domercq can help you to design a parenting plan which will be best for your unique circumstances.
Is your former spouse making threats, or false accusations regarding your behavior or child custody? You should never take these lightly – especially if they have taken the action to seek a temporary restraining order through some sort of “emergency custody” or civil protection order type of action. This is serious business. If you have been served with a temporary restraining order during a divorce, we highly recommend the following:
- Follow the instructions of the Judge to the letter (no contact means literally NO contact in ANY form – email, text, phone, in-person, through another person, mail, etc.; Even if they contact you first)
- Attend the hearing and be prepared to offer a defense
- Contact the experienced Certified Family Law Specialists at Burke & Domercq
Domestic violence is a serious issue and our law firm works aggressively to protect those who are suffering emotional or physical violence. We stand up with equal vehemence to protect those who are falsely accused in order for another party to attempt to gain an advantage during child custody or divorce proceedings.
Parenting plans can be quite creative here in San Diego. Burke & Domercq works with our clients to resolve child custody & parenting time issues. Mediation is often a timely and affordable alternative to resolving these matters before the Court.