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Do we have to bring in a 50/50 schedule to mutually agree on 50/50 physical custody in mediation?

Mitchell, IN |

Me and my ex fiancee are agreeing in mediation to at least joint physical custody. We have our own schedule made up right now for when I work, and I only currently have 2 overnights a month in our agreement. Do we stand any chance of a judge agreeing to 50/50 joint physical custody if we mutually agree or do we have to make a 50/50 schedule with an example of one week one week off. I just want to know if we can mutually agree to 50/50 guidelines or if we bring a schedule and we agree to joint physical, if that is all I will get. I want to protect myself for if she changes her mind in a year, it defaults to 50/50 and not default indiana parenting guidelines.

Attorney Answers 2


Take it as a discussion point.

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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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