The paternity form at the hospital ensures support but what about custody? Are you aware of the lack of legal parenting time and child custody rights of an unmarried father in California? When a married couple have a child California presumes the husband to be the father of the child. This provides important legal rights including physical and legal custody.…
Parenting Time
Can the North County Family Court Limit My Rights as a Father to Parenting Time Only?
Can the North County Family Court limit my rights as a father to parenting time only? In effect the ability to visit with my child but not to make important decisions in their life? The short answer is yes. The duty of the Court to protect the “best interests of a child” has precedence over the “liberty interest” of a…
Does One of the Parties Have to Move Out Before a Divorce?
Does one of the parties have to move out before a divorce in Carlsbad or anywhere North County? If you are planning to file a divorce in Carlsbad, Encinitas, Rancho Santa Fe or at the North County family law courts in Vista it is not necessary to worry about moving out. Due to a recent change in California law both…
Moving Away or Relocating with Kids After the Divorce
Are you or is your former spouse thinking about moving away or relocating out-of-state with the kids after the divorce in Carlsbad? Do you share child custody and parenting time? Are you concerned about what will happen and if the Courts will allow the move? The first thing to know is that our family law courts in North County take…
What is the Best Interests of a Child in a North County or Carlsbad Child Custody or Parenting Time Case?
What is the “best interests of a child” in a North County or Carlsbad child custody or parenting time case? Child custody and parenting time issues are associated with parents in a divorce, as well as unmarried parents in a paternity action. Child custody in California is legally divided into two forms of custody: physical and legal. Physical custody is…
Do Mothers Have an Advantage in Child Custody and Parenting Time Cases?
Do mothers have an advantage in child custody and parenting time cases here in Carlsbad and North County? How will child custody and parenting usually be approached in a divorce? The reality under California law and the application of that law in our Vista and San Diego Family Courts is simple: there is no bias to the mother when the…
Can a Child Express Their Wishes in a Child Custody Case
Can a child express their wishes in a child custody case in Carlsbad or North County? Here in California and across the United States, there are statutes which require a court to consider the “best interests of a child” during all phases of child custody and parenting time cases. California recently adopted additional laws which increase the weight of the…
The New School Year May Require a New Carlsbad Child Custody and Parenting Time Schedule
The challenges of a new school year may require a new North County or Carlsbad child custody and parenting time schedule. There is a lot of discussion in the news as districts decide how the new school year will be managed. As children in California go back to school in one form or another divorced or separated parents may want…
Divorce in North County or Carlsbad for a Reasonable Price
What do you have to do to accomplish a divorce in North County or Carlsbad for a reasonable price? For the majority of local area residents the answer isn’t to attempt to handle things on your own. Our local judges have noted that most people who have attempted to file a divorce on their own have taken more than a…
How Long Does Child Support Continue after a Carlsbad Divorce?
How long does child support continue after a Carlsbad divorce? How long does a parent carry the responsibility to pay child support in North County San Diego? Child support is designed to cover the normal expenses any parent would bear such as food, clothing, shelter, health insurance/healthcare and other essential needs. There are several factors which go into the calculation…