If me and my fiancee mutually agree on 50/50 joint physical custody, can we still have an agreement in place on visitation? If we can't have an agreement we set ourselves on visitation, can we still agree outside of court on a schedule that works for us both without having to enter an agreement of schedule or do we have to make our own schedule and not be allowed to agree to 50/50?
Usually for a judge to approve joint physical custody with 50/50 parenting time, you will need to have a specific parenting time plan - like one week on, one week off - but then say in the agreement that the parties are free to deviate from this schedule by mutual agreement. Then you can do whatever you want and whatever works with your schedules, as long as you both agree. But if you're ever unable to agree, then the default will be to the one-on, one-off schedule instead of the Parenting Time Guidelines.
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