Parenting Plan Different than Child Custody

How is a Parenting Plan Different than Child Custody

Pierre Domercq Child Custody and Visitation

How is a parenting plan different than child custody in a Carlsbad divorce? Child Custody is generally made up of two components: physical custody and legal custody.  Physical Custody is the legal right to have a child live in your home, while legal custody is the right to make important decisions regarding medical, religious, education and other practices in the …

Understanding Child Custody in a Carlsbad Divorce

Understanding Child Custody in a Carlsbad Divorce

Pierre Domercq Child Custody and Visitation

Understanding child custody in a Carlsbad divorce is crucial for any parent.  There are basically two forms of child custody relating to the children of divorce in Carlsbad: Physical Custody Legal Custody “Physical Custody” relates to where a child will reside after a Carlsbad divorce or during legal separation. Physical custody provides a parent with the legal right to have …

grandparent visitation rights under California law

Grandparent Visitation Rights Under California Law

Pierre Domercq Divorce

What are the grandparent visitation rights under California law?  What happens after a bitter divorce or a family argument.  A recent case brings insight into a common question regarding California family law: Can grandparents seek court ordered visitation time with their grandchildren after a North County or Carlsbad divorce? California family law is written to honor the right to exercise …

Parenting Plan Different than Child Custody

What Should You Consider When Working on a Parenting Plan

Pierre Domercq Child Custody and Visitation

What should you consider when working on a parenting plan in a North County or Carlsbad divorce?  How complex, specific and rigid should an effective parenting plan (visitation schedule) be?  One of the most challenging aspects of many divorces is the resolution of child custody and parenting time.  An effective parenting plan should carefully consider the existing rhythms of your …

Does Domestic Violence Affect Spousal Support

How Does Domestic Violence Affect Spousal Support?

Pierre Domercq Domestic Violence

How does domestic violence affect spousal support in a Carlsbad divorce?  Domestic violence can and will have an impact on issues such as child custody and parenting time, child support and spousal support here in North County San Diego divorce cases.  One example involved a case where the husband and wife had been married for over 32 years.  The couple …

Parenting Plans Can Be Quite Creative Here in Carlsbad

Parenting Plans Can Be Quite Creative Here in Carlsbad

Pierre Domercq Child Custody and Visitation

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 …

How Long Does Domestic Violence Affect Child Custody

How Long Does Domestic Violence Affect Child Custody?

Pierre Domercq Domestic Violence

How long does domestic violence affect child custody after a divorce?  Once domestic violence has been established by a California Court, the burden of proof is clearly and heavily upon the violent offender to demonstrate that it is in the child’s best interest to modify child custody and parenting time orders. There have been several published cases at the Appellate …

Can an Unmarried Mother Take her Child and Leave California

Can an Unmarried Mother Take her Child and Leave California?

Pierre Domercq Paternity

Can an unmarried mother take her child and leave California without the father’s permission?  While this is a complex legal question, the simple answer begins with “yes, unless the father of the child asserts his rights and paternity under California law.”  If this is the case, how does an unmarried father in California protect his custody rights and the parenting privileges …

When to Consider a Paternity Action in North County San Diego

Pierre Domercq Paternity

What is a “paternity” case and when should you consider a paternity action in North County San Diego? Paternity is the legal recognition of a man as the father of a specific child. In California, when a married couple have a child the husband is automatically considered to be the father of the child along with all legal custodial rights. …