Best Interest of The Child

What Does the Term Best Interest of The Child Mean in a Carlsbad Divorce

Pierre Domercq Child Custody and Visitation

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 …

Sharing Parenting Time Over the Holidays

Sharing Parenting Time Over the Holidays

Pierre Domercq Child Custody and Visitation

Sharing parenting time over the holidays while balancing the separate needs of multiple families is quite challenging.  As a parent, you want to be there for every magical moment of the season and time away from your kids around the holidays may seem even heavier than usual. In addition, there may be challenges associated with previous traditions like picking out …

Evolution of Parenting Plans in California

Evolution of Parenting Plans in California

Pierre Domercq Child Custody and Visitation

What are the evolution of parenting plans in California and how will child custody and parenting plan issues affect your divorce in Carlsbad, Oceanside, Vista, Encinitas or North County?  Originally, parenting plans usually established one parent with primary custody authority, while the other parent received specific visitation rights.  Over the past several years many states are evolving their laws and …

Do Mothers Have an Advantage in Child Custody Cases?

Pierre Domercq Child Custody and Visitation

We are often asked “Do mothers have an advantage in child custody decisions during a North County or Carlsbad divorce?” California family law makes it quite clear there is no automatic bias toward either parent from the law’s perspective. There is a general perspective that mothers are awarded more parenting time than fathers, but this isn’t based upon gender. It’s …

How Will a Psychological Evaluation Impact Child Custody

Pierre Domercq Child Custody and Visitation

How will a psychological evaluation impact child custody and parenting time decisions in a North County divorce? Recent studies show 20% of adults in the US are affected by a mental condition requiring medication and in some cases ongoing therapy. If you are concerned about the fitness of the other party as a parent it is possible to ask for …

How Can Mediation Make Divorce Easier?

Pierre Domercq Divorce

Most people experience a broad range of emotions at the end of a marriage including a profound and deep sense of disappointment and in many cases that things are out of control. How can mediation make divorce easier to bear? Mediation is an alternative to the traditional form of litigation you’ve always heard about in divorce cases. For many parties, …

The Difference Between Physical and Legal Child Custody

Pierre Domercq Child Custody and Visitation

What is the difference between physical and legal child custody and how is this different than parenting time in a North County divorce? Most people understand parenting time is the schedule of visitation for each child after a divorce. Our courts believe it is in the best interest of a child to spend quality time with each parent and this …

Planning and Sound Counsel are Keys to Divorce in North County

Pierre Domercq Divorce

Have you reached the point where you are considering the end of your marriage? Planning and sound counsel are keys to divorce in North County. The experienced and proven divorce and family law attorneys at Burke & Domercq provide our clients with a sound understanding of the process, and advice which is informed by decades of experience before the family …