The Court must decide issues of custody and parenting time based upon the best interests of the children. Even if parents agree to a particular custody or parenting time situation, the Judge must make an independent determination that the agreement is best for the child. This means that, for example, if you and your ex-wife agree to joint legal or physical custody, and the Judge, after taking testimony, believes that it is not in the child's best interest for you to share custody, the Judge can award sole custody to one of the parents. Custody, parenting time, and child support are all focused on what is best for the child--and the Court can refuse to honor the parents' agreement regarding all three if the Court believes it is not best for the child. Good luck.
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A: Yes. In family law such agreements are modifiable and subject to a judge's review. Especially since circumstances may change as a child grows and a court will decide what's best for a child under the best interests of the child standard under Michigan law. Your only option is to file for review and/or appeal. There are time limits under Michigan Court Rules. You should consult with a lawyer for assistance with filing for appellate review, ASAP. (Note: Or file a motion for change of custody if the time to appeal has already expired and you have not timely filed objections.) Good Luck!
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