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 Carlsbad or North County divorce? California family law is written to honor the right to exercise …

Consider When Working on a Parenting Plan

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 Carlsbad or North County 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 North County 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 …

Parenting Plans Can Be Quite Creative Here in North County

Parenting Plans Can Be Quite Creative Here in North County

Pierre Domercq Child Custody and Visitation

Parenting plans can be quite creative here in North County 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 …

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. …

What is a Parenting Plan in a Carlsbad Divorce?

Pierre Domercq Child Custody and Visitation

What is a parenting plan in a Carlsbad divorce and how is it different than child custody? Custody is the legal right to have a child live in your home (physical custody) and the right to make important decisions regarding the child’s life (medical, religious, eductation, etc.). A Parenting Plan lays out specific steps for how the child or children …

Why Should an Unmarried Father File a Paternity Case in North County?

Pierre Domercq Paternity

Why should an unmarried father file a paternity case in North County? You may have completed paperwork at the hospital and you may be listed on the birth certificate as the father of the child. You may even be paying child support for your baby. However, there is one important legal issue you must be aware of: You have no …