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Bagner Law spent over two decades earning a reputation for being the East Bay Area’s leading family law firm. Based out of San Leonardo, we’ve helped hundreds of East Bay families negotiate shared custody agreements to cater to the best interest of the child.

What Is Shared Custody?

Shared custody, sometimes referred to as joint custody, is when both parents equally share parenting time and legal custody of their mutual children. It’s a common issue negotiated in many marriage dissolutions. Though even parents who were never married sometimes need a lawyer to help them negotiate shared custody of a child.

Custody negotiations are often emotionally charged, with life-altering implications for your child. In a time like this, you need the steady hand of an experienced attorney helping you navigate through the process.

We can help you understand the differences between joint legal custody, physical custody, and how it affects other things such as parenting time.

What Is Joint Legal Custody?

With joint legal custody both parents have equal rights and responsibilities for making important decisions in the lives of their mutual children. This includes things such as where the child goes to school, their religious practices and healthcare.

What Is Physical Custody?

Physical custody is the term used to describe how much time a child spends with each parent. In many, but not all cases, physical custody and joint custody are shared.

Several factors influence the percentage of physical custody parenting time each parent is entitled to. The distance between each parent’s primary residence and the child’s school, the distance between a parent’s work and home, and the financial ability to support the child all play a role in determining physical custody.

Can Child Custody Be Negotiated in Mediation?

Child custody is a common topic needing to be negotiated during the mediation process of a marriage dissolution. The experienced family law experts at Bagner Law will help you understand the fine points of how child custody will affect other elements of the process. This includes important topics such child support, spousal maintenance, and the division of assets.

It’s important to note that even if you and your former spouse agree to terms, the marriage dissolution must still be submitted and approved by the court. Our team of family law experts will help you understand any factors which might prevent court approval.

How the Courts Determine Child Custody

If both parents cannot agree to terms, a judge will determine child custody based on the age of each child, any special needs and health of all the children the parents share. This will also include assessing the emotional ties between each parent and each individual child. A judge will also consider the child’s established ties each child has to their school, home, and community.

The Benefits of Having a Family Law Expert on Your Side

When you have Bagner Law handle your shared custody dispute, you’ll rest easy knowing you have the East Bay Area’s leading family practice watching out for the best interests of your child.

Our family law experts will help you understand all the factors affecting shared custody. If your existing custody agreement needs modification, we can help you with negotiations as well as represent you and your child’s best interests in court.