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

Asked over 1 year ago - 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?

Additional information

ex fiancee*

Attorney answers (2)

  1. 3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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... more
  2. 2

    Lawyers agree

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

Related Topics

Child custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Shared custody

Shared custody is a joint custody arrangement where both parents share decision making and have physical custody of their child for an equal amount of time.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

37,031 answers this week

3,906 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

37,031 answers this week

3,906 attorneys answering