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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


  1. Best answer

    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.


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

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