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How to get full custody of my child in San Diego, California?

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Dolores A. Contreras - Family Law - Super Lawyers

Answered by: Dolores A. Contreras

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Many parents want to know how they can obtain full custody of their children through the court system when either going through a divorce or custody dispute. In San Diego, there are two types of custody the court can order: Legal Custody and Physical Custody. A parent who has legal custody can make decisions regarding the health and welfare of their child including what school the child attends or what doctors the child will see. It is typical that a court would order 50/50 legal custody to both parents unless the Judge sees one parent as unfit to make these kinds of decisions, such as if domestic violence is involved. Physical custody is determined by the amount of time each parent has with the child. Typically, one parent (the one with more than 50% custody) has physical custody and the other parent (the one with less than 50% custody) has visitation. It is also possible to share physical custody meaning both parents would have an equal timeshare with the child. In San Diego, there is not a set parenting schedule that a Judge must use when determining a custody plan; therefore, it is important to discuss your options with a skilled attorney to clarify your options.

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