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Welcome to Thomas D Nares, APC. A Professional Corporation - Family Law & Child Custody in Carlsbad, CA

Family Law Attorney in Carlsbad, CA | Divorce & Custody | TDN Law

Why choose our family law attorneys?

Fair solutions

With more than 35 years of experience, we are uniquely positioned to arrive at the best solutions for our clients, regardless of the size of their case.

Complete answers and explanations

During the entire legal process, we will always make sure to answer our clients’ questions or resolve their doubts. Being transparent and thoroughly explaining the legal process to our clients, we believe, is of the utmost importance.

Respectful treatment

Family law is an area of the law that can be very stressful. We encourage our clients to ask questions. We believe that there are no “dumb questions.” Taking our clients seriously and treating them with respect, is the hallmark of our practice.

Thomas D Nares, APC

Named “Top Lawyer” in the area of family law by Palm Springs Life magazine.

Mr. Nares has been in practice for more than 30 years. He started out practicing exclusively in the area of criminal defense. After 10 years, he included family law cases in his practice. He has tried over 100 cases before a jury in addition to many bench trials.

Family Law Case Testimonials

“Thomas D Nares, APC and his team are fantastic. I figured out that over the course of my future Spousal support payments, based on what my ex-wife’s representation was trying to get, I saved over $40,000. I would refer them to anyone in my position wholeheartedly. Professionalism, Quality, Responsiveness, Value.”

Martin M.

“A sad situation made us need the kind of professional help that Mr. Nares provides. Mr. Nares was there to help us through and through: He listened carefully, asked questions to make sure he understood the situation very well, and advised us of our options. He prepared for the case diligently, and advised us well in advance of what would happen, when, and how. His preparation paid off: The case he presented in court was ironclad, and we got the justice we needed. We are most grateful and recommend his services unconditionally. Thank you!”

Larry K.

“Mr Nares has been our lawyer for over 10 years always ready to assist with professional know how. Friendly and Mr Nares is someone very trust worthy.”

Sergio C.

Our Areas of Practice

Child custody

There are two types of child custody in California: legal custody and physical custody. Legal custody refers to which parent will make important decisions about a child’s wellbeing, such as choosing his or her residence, health care provider, school and child care provider. Physical custody refers to which parent the child lives with most of the time.

Divorce

In California, as well as most states, divorce is “no fault.” Therefor, the object is to terminate the marital relationship while addressing the issues related to a divorce, such as, division of community property, allocation of community debts, issuing child support orders for the minor children and spousal support orders, if applicable.

Domestic violence

There are two types of Domestic Violence cases. There is criminal domestic violence, per Penal Code section 243(e)(1). There is also non-criminal domestic violence’ per Family Code section 6203 (The Domestic Violence Prevention Act.

Paternity actions

Where there are minor children and the parents are not legally married, the court must acquire jurisdiction so as to issue a paternity judgment for the purpose of formalizing the parents relationship to the minor child or children. Thereafter, the court will make orders for child support, custody and visitation.

frequently asked questions

Can I get a divorce in California if my spouse doesn't want one?

Yes, you can. Because California is a “no-fault” state, the court does not require both parties to agree to the divorce. If one spouse files citing “irreconcilable differences,” the divorce will proceed even if the other spouse objects or refuses to sign.

Does a mother automatically get primary custody in CA?

No. California law strictly prohibits giving custody preference based on a parent’s gender. The court presumes that frequent and continuing contact with both parents is in the child’s best interest, regardless of whether they are the mother or the father.

How long does the divorce process take in California?

In California, a divorce takes a mandatory minimum of six months and one day from the date the non-filing spouse is officially served with the divorce petition. However, complex cases involving child custody disputes or high-asset division can take longer.

Who gets the house in a California divorce?

If the house was purchased during the marriage, it is considered “community property” and belongs equally to both spouses. The court may order one spouse to buy out the other’s share, or force the sale of the house to divide the profits 50/50.

Can spousal support (alimony) be changed if I lose my job?

Yes, it can. If you experience a significant involuntary drop in income, you can file a request for a “post-judgment modification” to reduce or pause your spousal support payments. You must continue paying the original amount until the judge approves the change.