Will the Parent with the higher income get more child custody in a San Diego divorce? This is one of the questions we are often asked by parents who are concerned about child custody and parenting time during and after their divorce. The Court will take all things into consideration when it comes to child custody and parenting time. The…
Child Custody
Interstate Child Custody Issues During or After Your San Diego Divorce
How does one manage interstate child custody issues during or after your San Diego divorce? What happens when one of the parents wants or is required by their job to move to another city or state? Can you take your children with you while co-parenting if you wish to move out of the area or out of state? There are…
If We are Sharing Custody and Parenting Time will there be Any Child Support in our San Diego Divorce?
When co-parents are sharing custody and parenting time will there be any child support between the parties in a San Diego divorce? The answer to this question is actually legally and financially quite complex. Child support is the responsibility of any parent here in California. Each parent is separately liable for the provision of food, clothing, shelter, healthcare and other…
Can You Earn an Increase in Parenting Time Before and During a Divorce?
Can you earn an increase in parenting time before and during a divorce in San Diego? Are you concerned that your schedule or existing patterns regarding time with your children may work against you? The existing patterns in your participation and involvement in the life of your children prior to and during the divorce can and will have a tremendous…
Why Do You Need a Lawyer for a San Diego Divorce?
Why do you need a Lawyer for a San Diego divorce? Divorce is one of the greatest emotional and financial challenges life has to offer. You will receive “sound legal advice” from friends, family, co-workers and even from your soon-to-be former spouse. Suggestion #1: Never take legal advice from your soon-to-be former spouse or well-meaning family or friends. Divorce is…
What is Deprivation of Custody after a San Diego Divorce?
What is deprivation of custody after a San Diego divorce? Deprivation of custody or the right to parenting time or visitation is an action to bring against a co-parent or other party who deprives a parent with lawful physical or legal custody access to a child. This can include hiding a child (such as at a family’s residence) or any…
The Foundations of an Efficient Divorce in San Diego
You’ve reached the point where you both agree it is time to end your marriage. What are the foundations for an efficient divorce in San Diego and how can you reduce the financial and emotional impact of your divorce? Perhaps you’ve even reached general agreement on the major issues in your divorce. What steps should you take to protect the…
Season’s Greetings and Best Wishes San Diego
The Certified Family Law Specialists and the entire team at Burke & Domercq, APC wish to extend Season’s Greetings to all. 2020 has been one of the most challenging years for all of us. COVID-19 has changed our lives and will impact everything we do well into next year. However, there is genuine hope and a light at the end…
The Importance of Legal Venue in a Move Away Child Custody Case in San Diego
A recent California Supreme Court case reflects the importance of legal venue in a move away child custody case. Relocation or move-way child custody cases occur when a parent is sharing custody and parenting time with another parent. If a parent has “sole legal and physical custody” they are generally free to make decisions regarding a potential move. However, if…
When Do You Need a Family Law Lawyer?
What is “Family Law” and when do you need a family law lawyer? Here in California, Family Law generally applies to the types of cases heard by our Family Court. The most common cases are a divorce or the modification of orders issued by the Family Court. Family Court also extends to issues associated with domestic violence, restraining orders and…