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Will I Get Full Custody in Divorce?

Based in Marin County, CA and with offices that serve Walnut Creek, Napa, and the Greater Bay Area, Kaspar & Lugay LLP is a dynamic boutique law firm focusing on divorce and other family law matters.

Additionally, our experience in tax and business law matters allows us to effectively represent clients in high value divorce cases.

No! You are both still human and are bound to have differing opinions on how to raise your child together. What joint legal child custody means is that both parents have the legal right to make decisions regarding their child and that no parent can make a decision on their own.

That being said, parents who have joint legal custody of a child are encouraged to work together to come to an agreement on decisions to avoid going back to court.

It is often difficult for a child to split their time completely even, so it is common for a child to spend more time with one parent over the other?even when joint physical custody is awarded. In these cases, the parent who has the child most is the ?primary custodial parent.?

In some child custody cases, the parents will be able to work together to determine an agreement regarding the custody of their child / children. Should the parents, with their lawyers, be able to draft a written agreement that is signed by two or more parties, it is a binding, enforceable agreement. However, a court will not be able to enforce such an agreement it becomes a court order?also known as a judgment. In some cases, the court will be able to take the components of the agreement and incorporate it into the final judgment.

The judgment would then replace the agreement and the court would be able to enforce it in case of future violations.

While related, child support does not directly affect custody and visitation rights . What this means is that a parent cannot refuse to let the other parent see the child just because the support was not paid. On the flip side, a parent cannot refuse to pay child support just because they have been denied visitation with the child.

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