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. …

Why Should an Unmarried Father File a Paternity Case in Carlsbad?

Pierre Domercq Paternity

Why should an unmarried father file a paternity case in Carlsbad? 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 rights …

Can A Grandparent be Granted Visitation in Carlsbad?

Pierre Domercq Child Custody and Visitation

We are often asked if a grandparent can seek and gain court orders for visitation of a grandchild here in North County or Carlsbad. California law is primarily interested in what is in the best interests of the child. While there is no specific California family law that provides guaranteed rights to a grandparent, there is substantial case law on …

The Role of Mediation in a Carlsbad Divorce

Pierre Domercq Mediation

What is mediation and what is the role of mediation in a North County or Carlsbad divorce? Mediation is a neutral setting that is intended to provide a calm, productive and insightful process that helps to identify, clarify and resolve disputes between two people going through a divorce. The mediator should have extensive experience in family law, as well as …

What Happens When a Parent with Joint Custody Passes Away?

Pierre Domercq Child Custody and Visitation

A recent tragic case of a mother killed in an automobile accident serves as a perfect example for this question: “What happens when a divorced parent with joint custody passes away?” The short answer is sole custody is conferred upon the surviving natural parent in most cases. The best interests of the child(ren) will always be the principle factor considered …

Can the Vista Court deprive me of my right to have custody of my child by restricting me to visitation only?

Pierre Domercq Child Custody and Visitation

This question is directly answered by the Court of Appeal in 2004 when it stated: “By fathering a child, father has assumed responsibilities for that child even where those responsibilities may conflict with father’s own needs or desires. [¶] The principle of the best interests of the child is the sine qua non of the family law process governing custody …