Venue is an Important California Child Custody Issue

Venue is an Important California Child Custody Issue

Pierre Domercq Child Custody and Visitation

A recent case highlights the importance of “venue” from a legal perspective in California child custody cases. Venue is an important California child custody issue and often applies to those in military service, as well as unmarried couples when one of the parents intends to move away or has left the state of California with a child or children. In …

International Custody Laws Complicated a Recent Orange County case

International Custody Laws Complicated a Recent Orange County case

Pierre Domercq Child Custody and Visitation

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 …

“My unmarried wife can take our baby and leave town and I have no legal say in the matter?”

Pierre Domercq Paternity

It may surprise many North County San Diego residents to learn that more than half of the children born in the United States today come into a family with unmarried parents. The norms have changed, and couples are tending to live together before entering into marriage. This presents an important legal challenge for the unmarried fathers of children born in …

How Do Judges Decide Relocation and Move Away Cases

Pierre Domercq Child Custody and Visitation

How do judges in North County decide relocation and move away child custody cases? While each case is unique and highly dependent upon the individual children and the facts of the case there are a few issues which must be consistently evaluated by the court in a relocation or move away child custody case. The most important issue in these …

Does it Matter Who Files for Divorce First?

Pierre Domercq Divorce

We are often asked questions such as “does it matter who files for divorce first?” or “what happens if my spouse files first?” No one should be in a hurry to file divorce papers. There may be urgency to file in cases involving domestic violence, criminal activity or other abuse where emergency restraining orders may be required, but most cases …

Surprised by a Relocation of Your Children Without Your Consent?

Pierre Domercq Child Custody and Visitation

Have you been surprised by a relocation of your children without your consent after a divorce in North County? If so, you need to take immediate action to protect your custodial and parenting time rights and prevent the loss of “jurisdiction” by our local family law court. Move-away and relocation cases are all about “jurisdiction” or “venue.” When your divorce …

Successful Strategies for Relocation with Children After a Divorce

Pierre Domercq Child Custody and Visitation

What are some of the ingredients of successful strategies for relocation with children after a divorce? How will existing child custody and parenting plans affect your decision to relocate or protect your rights as a parent here in North County San Diego? These cases are often quite legally contentious and complex. One party may feel like there is an economic …

You Must Ask Permission of the Court to Relocate with Children After a North County Divorce

Pierre Domercq Child Custody and Visitation

You must ask permission of the court to relocate with children out of the area or out of the State of California after a North County Divorce. Once an Encinitas, Oceanside or Carlsbad divorce is completed, the judge will almost always retain jurisdiction over the case going forward. This applies to all child custody and parenting time issues including relocation …

What If I Have to Move After a Divorce? Can I take the Kids?

Pierre Domercq Child Custody and Visitation

The question of “What if I have to move after a divorce, can I take the kids?” is a complex legal subject and it is best to seek the advice of the experienced post-divorce child custody attorneys at Burke & Domercq. While each situation is unique, generally speaking the question of relocating with children after a divorce must be resolved …