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Joint Physical Custody vs Sole Physical Custody

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midad8

Member
What is the name of your state (only U.S. law)? Michigan

Background:

My wife and I will be divorcing amicably and want go the "uncontested" route. In fact, we have agreed on everything and have already started splitting assets the past two months. I have moved out <10 miles away. Also, we have implemented a consistent parenting schedule where I get the kids, 7 and 10 y.o., 6 nights every two weeks (43% of the time). The kids have embraced the schedule. When school starts, they will be going to the school district where my wife lives, but we will still maintain the schedule.

My wife also has a limited legal plan from work. We want to use the lawyer to "file the paperwork", though I do understand the lawyer technically represents my wife. A week ago, her lawyer has filed the Complaint for Divorce with my wife as the Plaintiff asking for Joint Legal Custody, Sole Physical Custody, and other reliefs.

Question:

I agree with all the terms in the Complaint except the Sole Physical Custody part. What rights am I giving up if I respond with a "Answer and Waiver" at this point? My wife checked with the lawyer, and her response to me was "The wording Joint Physical Custody does not do anything in Michigan - it is what will be stipulated in the final divorce decree with respect to shared parenting time spent with the girls. ...it does not give you less rights or me more rights either way."

Can someone verify for me if this is true or not in MI? If not, and I would lose some important rights, is there a way for me to change the Physical Custody request to Joint and still keep it "uncontested" in the eyes of the court? It is not that I don't trust my soon to be ex-wife, but the lawyer does work for her technically and may be only looking out for my wife's best interest and not our interests.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Michigan

Background:

My wife and I will be divorcing amicably and want go the "uncontested" route. In fact, we have agreed on everything and have already started splitting assets the past two months. I have moved out <10 miles away. Also, we have implemented a consistent parenting schedule where I get the kids, 7 and 10 y.o., 6 nights every two weeks (43% of the time). The kids have embraced the schedule. When school starts, they will be going to the school district where my wife lives, but we will still maintain the schedule.

My wife also has a limited legal plan from work. We want to use the lawyer to "file the paperwork", though I do understand the lawyer technically represents my wife. A week ago, her lawyer has filed the Complaint for Divorce with my wife as the Plaintiff asking for Joint Legal Custody, Sole Physical Custody, and other reliefs.

Question:

I agree with all the terms in the Complaint except the Sole Physical Custody part. What rights am I giving up if I respond with a "Answer and Waiver" at this point? My wife checked with the lawyer, and her response to me was "The wording Joint Physical Custody does not do anything in Michigan - it is what will be stipulated in the final divorce decree with respect to shared parenting time spent with the girls. ...it does not give you less rights or me more rights either way."

Can someone verify for me if this is true or not in MI? If not, and I would lose some important rights, is there a way for me to change the Physical Custody request to Joint and still keep it "uncontested" in the eyes of the court? It is not that I don't trust my soon to be ex-wife, but the lawyer does work for her technically and may be only looking out for my wife's best interest and not our interests.
Since the timeshare is already agree by the two of you, it really doesn't make any significant difference if its joint physical or sole physical. You still have joint legal custody and that is joint decision making. That is the most important thing. The one thing that the sole physical gives mom is that the children will be going to school in her school district, but you have already agreed to that anyway.

If you try to change anything at this point you are going to end up with a contested divorce.
 

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