San Jose, CA asked in Child Custody for California

Q: Does our Parental agreement that we both agreed to and had notarized have any substance in a custody / support hearing?

We have been using a parenting plan that was signed and notarized since 2015 and had us both at 50/50 legal custody. I am wondering because we have a history now of each other agreeing on 50/50 and now just because they are back here in the states she wants to have full custody.

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1 Lawyer Answer

Martha Bronson

Answered
  • Tracy, CA
  • Licensed in California

A: It sounds like you agreed on 50/50 but you did not actually exercise 50/50 physical custody. You mention that she is now "back in the states" which leads me to believe they were out of state such that 50/50 split impractical and not exercised. If it was never or rarely exercised, then the agreement is not going to have any bearing on the court's determination of custody because the agreement is not relevant. What is relevant is whatever the actual time share was that was implemented.

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