What does the term Best Interest of a Child mean in a Carlsbad divorce and how does this affect child custody and parenting time? There is no statutory definition of “best interest of the child.” Cal. Rules of Court, rule 5.2 (b)(7) defines “best interest of the child” as being described in Fam. Code §3011. Curiously, that statute does not…
Child Custody
How Are Children in California Affected by the Divorce Process
How are children in California affected by the divorce process? Divorce is understandably going to be a difficult situation for all involved. Processing emotions and dealing with the entire divorce process can be very stressful on any adult. It is easy to understand how much harder it is for children affected by the divorce process. A recent article in a…
Filing Taxes after a Divorce can be Trickier than You Think
Just about everyone knows that getting a divorce is a complicated undertaking. So too can filing taxes after a divorce in Carlsbad. And while most people generally consider these two to be non sequiturs, some of our readers are quite familiar with the fact that these two coincide quite frequently and can compound frustrations. That’s because there are a lot…
Forged Documents Complicate the Situation for a Divorcing Couple
Forged documents complicate the situation for a divorcing couple in Carlsbad, Encinitas, Oceanside or Vista. Imagine that you are a service member in one of the branches of the United States armed forces and are currently deployed. On top of worrying about yourself, you’re also thinking about the divorce papers that were recently sent to you by your spouse. Although…
International Custody Laws Complicated a Recent Orange County case
International custody laws complicated a recent Orange County case. If you’ve ever been involved in a child custody battle then you know how difficult they can get at times. Imagine the additional complications imposed by separation across thousands of miles of land and ocean as well as differing international child custody laws and you have yourself a situation primed for…
Are Millennials Lowering the National Divorce Rate
Are Millennials lowering the national divorce rate? A new study out of the University of Maryland has determined that the national divorce rate dropped by 18% from 2008 to 2016. Have the values with which Millennials approach a marriage fundamentally changed the success rates of today’s marriages? The study noted women in new marriages today are much more likely to…
Navigating the holidays after a divorce
California readers know that the holidays can be very stressful. However, navigating the holidays after a divorce can be especially daunting for families who have recently experienced the separation or divorce. The prospect of dealing with former spouses and divvying up holiday time with the kids can seem positively overwhelming. Luckily, experts say it is possible for divorced families to…
Domestic Violence Accusations Around the Holidays
Domestic violence accusations around the holidays may carry a lot more consequences than they appear on the surface. In some cases when one of the spouses is planning to file for divorce after the holidays, a false accusation may be levied against the other spouse for domestic violence or child abuse. We wish to make one point vividly clear: Burke…
What Happens When a Parent with Joint Custody Passes Away?
A recent tragic case of a mother killed in an automobile accident serves as a perfect example for this question: “What happens when a divorced parent with joint custody passes away?” The short answer is sole custody is conferred upon the surviving natural parent in most cases. The best interests of the child(ren) will always be the principle factor considered…
California Divorce Rate Highest in the Nation
A recent article in a local newspaper noted that southern California has the highest divorce rate in the nation with more than 30 divorces filed on average every day of the year. Many myths surround the cost of a divorce, including the myth that attorneys drive these costs substantially higher. This is simply untrue. The greatest source of “cost” in…