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Will my children be taken from me if I get divorced and am not a citizen?

by Fischer & Van Thiel, LLP

 Mike’s Answer: California law explicitly states a parent’s immigration status is not a factor when a judge decides a child custody matter. The state’s family code section 3040(a) and (b) state in part, (a)    Custody should be granted in the…

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How is child custody determined?

by Fischer & Van Thiel, LLP

 Mike’s Answer: When a court is faced with deciding a child custody case there is always one main focus in mind, the best interest of the child or children. In order to determine the best interest of the child a…

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There is no court order for visitation. Do I have to let my ex see the kids?

by Fischer & Van Thiel, LLP

 Mike’s Answer: It is not advisable to prohibit your ex from seeing your children.  Visitation between the noncustodial parent (your ex) and the child is presumed beneficial. Therefore, a judge will not look favorably upon you interfering with your ex-husband’s…

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My ex is planning to move across the country after the divorce. How will visitation work then?

by Fischer & Van Thiel, LLP

Craig’s Answer: Because you and your soon-to-be ex-spouse know that the move will happen soon after the divorce is finalized, a visitation schedule for this scenario should be included in the divorce agreement. Doing so now will save you from…

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How is legal custody different from physical custody?

by Fischer & Van Thiel, LLP

Craig’s Answer: If you are a party to a recent or currently pending divorce and have children, you are probably familiar with the terms legal custody and physical custody. However, many people don’t know the vast difference between the two….

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Can I be denied custody or visitation with my children?

by Fischer & Van Thiel, LLP

Craig’s Answer: In most cases it is uncommon for a parent to be denied any access to their children. Only in extreme circumstances where a parent has been involved in criminal activity, drug use, alcoholism or sexual abuse, will custody…

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Law Practice Areas

  • Family Law
  • Divorce Law
  • Child Custody
  • Child Support
  • Spousal Support
  • Paternity Law
  • Prenuptial Agreement
  • Domestic Violence Law
  • Juvenile Court
  • Adoption Law
  • Estate Planning Law

Cities We Serve

  • Encinitas, CA
  • Del Mar, CA
  • Escondido, CA
  • Mira Mesa, CA
  • San Diego, CA
  • San Marcos, CA

Testimonials

Featured Articles
Mithila Parker
Mithila Parker
Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me ...

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Kaylee Victoria
Kaylee Victoria
I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made ...

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Gabriel Dylan
Gabriel Dylan
My wife and I started our divorce over two years ago, and I was at a stand still with my wife and ...

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David Sebastian
David Sebastian
I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo ...

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Elizabeth Mila
Elizabeth Mila
Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He ...

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Thomas Zachary
Thomas Zachary
I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the ...

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Fischer & Van Thiel, LLP

2100 Palomar Airport Rd Ste 214 1
Carlsbad, CA 92011

(760) 722-7669

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Carlsbad Family Law Attorneys Office Location for the Fischer & Van Thiel, LLP Family Law Firm at 2100 Palomar Airport Rd. Ste. 214 1 Carlsbad, CA 92011.
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