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Can me and my fiancee agree to joint physical 50/50 custody and set our own schedule in court?

Mitchell, IN |

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?

ex fiancee*

Attorney Answers 2

Posted

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.

Good luck!

Kate Flood
Indianapolis divorce lawyer

The foregoing is not intended to be specific legal advice, but rather general information. Because of the nature of this online, non-confidential forum, and because each and every family law case is different, it is impossible for any attorney to consider all of the facts of your specific case and provide a concrete answer. If you require specific legal advice, you should retain a qualified attorney in your area.

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3 lawyers agree

Posted

You can but it wouldn't be enforceable. If you're getting married, why would it be an issue?

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2 lawyers agree

9 comments

Asker

Posted

I meant to say ex fiancee. We have broken up but have agreed on 50/50 joint physical custody but wanted to know if we could submit our agreement and the judge not see it and automatically deny joint physical 50/50 because it's not an exact 50/50 schedule.

Asker

Posted

We have not gone through mediation yet but I wanted to know before we go.

Lee Alan Thompson

Lee Alan Thompson

Posted

My guess is the judge will approve what you submit by agreement but why call it 50-50 if it's not?

Asker

Posted

Because I feel more comfortable with 50/50 so we'd both have equal time on everything if someone later on decided to not let me see him, we would both have 50/50 joint physical custody and later on if she met someone down the road she wouldn't be able to prevent me from seeing him and it defaulting back to the Indiana state guidelines.

Asker

Posted

I just want to know if a judge would allow it to be called 50/50 even with our agreement. I just don't want them to throw it out and me not even get joint physical custody.

Lee Alan Thompson

Lee Alan Thompson

Posted

So then it is a 50-50 split. If you have that kind of concern, have an experienced attorney draw it up to present to the judge. Make sure you're the one that gets the attorney. Not sure what else to tell you.

Asker

Posted

I think I'll have to find an attorney that doesn't cost too much just to draw it all up.

Asker

Posted

thank you

Lee Alan Thompson

Lee Alan Thompson

Posted

You're welcome

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