Legal Question in Family Law in Michigan
i just settled a custody dispute with my ex today that awards her "full physical custody" and we both have joint legal custody. she had threatened to take the kids 60/40 with her full physical custody but my lawyer was able to get me 50% visitation/custody or 182.5 overnights per year until the kids reach 18. He basically said that the "full physical custudy title" no longer mattered because we won the 50% argument. I had originally wanted to fight to get "joint physical custody" which would have required a 2-3 day custody investigation trial but I was informed that it was pointless and just a "title" or "bumper sticker" that I was going after that would have been very costly and possibly lean towards my ex's favor. My goal was to achieve 50% which we accomplished so my lawyer basically said that unless I screwed up with the 50% arraingment, then my spouse can not do anything to control the calendar in her favor because the arraingment is now locked. Did I do the right thing or should I have gone forward with the unknown crapshoot with the custody investigation trial that could have gone either way?
1 Answer from Attorneys
Your lawyer is right in a way - the terms "joint" or "sole" physical custody don't mean what they used to. Child support is calculated based on how many overnights each parent has the children. However, since you agreed to a 50/50 parenting time, I don't see why the term "joint physical custody" couldn't be in your judgment, as that is definitely more appropriate than "full." That doesn't make sense to me. Will it matter? I don't know. Should you have gone through an investigation and a trial? Probably not, as generally neither party walks out of court happy. You can't continue to second guess yourself - you already agreed to something, made your decision, got legal advice, and got it done with.
Parenting time/visitation/custody is never "locked" or permanent - it is always modifiable as long as the parent has a legitimate reason for requesting a modification.
Since you got what you wanted, I don't know why you are worried right now. If your ex seeks a modification in the future, which you object to, then you address it and handle it now. Your emotions are still running high since you just entered the Judgment (thus finalizing the divorce), so relax and focus on your children.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
