What is nesting in child custody and parenting time agreements? Parents who go through a divorce are almost always deeply concerned about lessening the impact of divorce on a child. One recent idea you may have heard about is the concept of “nesting.” Generally speaking, “nesting” involves keeping the family home for the residence of the child(ren) while the parents…
Parenting Time
Should You Accept Virtual Visitation as Part of Parenting Time?
Should you accept virtual visitation as part of parenting time? Virtual visitation is a recent development in California family law courts. More of our courts state-wide are ordering virtual visitation where there are alternatives. Should you as a parent be concerned? Obviously, there are cases where virtual visitation is a good thing. Those who are in the military and deployed…
What Should You Do if Your Husband or wife Threatens to Get a Restraining Order in Carlsbad
What should you do if your husband or wife threatens to get a restraining order in Carlsbad? What if these events are happening at the same time as discussions about or a pending divorce? Most experienced Carlsbad divorce attorneys should tell you that the outcome of any specific case depends on the facts of that case. However, in any divorce…
Issues Most Likely to Drive Up the Cost of a Divorce
What issues are most likely to drive up the cost of a divorce and how can you avoid these expensive financial traps? The two most expensive and commonly contentious issues in a North County or Carlsbad divorce case are child custody and parenting time and business or professional practice ownership. Issues surrounding the children can be the most expensive challenges…
What Happens When You Can’t Agree upon Child Custody During a North County San Diego Divorce?
What happens when you can’t agree upon child custody during a North County San Diego divorce? Child custody and parenting time are often the most challenging issues for divorcing parents in North County San Diego to face. Child custody disputes that are fueled by emotion or other motives will result in substantial costs and time delays. What happens when the…
Who Moves Out in a Divorce and When?
Who moves out in a divorce and when should you move out? The question of when to move out of the family home during the course of a North County San Diego divorce, or if you should can actually be legally quite complex. Well intentioned people may think they are saving each other and the children from endless arguing and…
Declining Migration Patterns are Linked to Divorce and Parenting Time
A recent University of Connecticut study which suggests declining migration patterns are linked to divorce and parenting time issues. With both divorce and the trend toward joint custody continuing to rise, parents in California and elsewhere in the country may be less likely to move out of state because it means losing custody of their children. The divorce rate has…
Parenting Plans Can Be Quite Creative Here in Carlsbad
Parenting plans can be quite creative here in Carlsbad and it is important to resolve disputes and ultimately reach agreement in these core issues. Child custody and parenting time (often referred to as visitation) are part of the parenting plan when a North County San Diego divorce involves a child or children. Our Courts believe it is in a child’s…
Negotiation is The Fastest and Least Expensive Option to Resolve Differences in a Divorce
Negotiation is the fastest and least expensive option to resolve differences in a divorce case. Once the decision is made to consider a divorce many people want to know how long the process will take, and how much a divorce will cost. Both questions (time and cost) are primarily associated with the amount of disagreement between the parties on all…
What Does the Term Best Interest of The Child Mean in a Carlsbad Divorce
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…