Legal Custody

Mom and Dad split 10 years ago. Mutually, amicably.

They sold their home, each took half the proceeds, down to the penny. They split their joint accounts 50/50.

They signed a separation agreement when they split, outlining kids are at each parents, week on week off throughout the year, and holidays alternate years.

They never went to court for the divorce in these 10 years... but are in the process now, because, enough is enough. Papers are filed... just waiting for the confirmation of divorce.

Who has custody?

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Joint since that is what they

Joint since that is what they have established for years and created a status quo.

On another note, why the hell do people do all the splitting and dividing of stuff and never actually complete the final step by getting it filed??

No tricks.

No tricks. Promise.

Everything was uncontested, there was no request for an amendment to custody arrangements or child support, everything was requested as was "agreed" to in the separation agreement 10 years ago.

Heard BM automatically is considered to have full custody, since it was never filed.

The judge will continue whatever schedule they had before they went to court. A lot of the courts seem to favor the "if its not broke, don't fix it" ideology. The only thing that could possibly change is if you are in a pro-bm state that condones child support even with a 50/50 split of the kids.

Dh and BM had a 50/50 (four on / four off) arrangement from the time they split when SS was 6 months old until they went to court right before he turned two. BM said 50/50 woudn't work for her anymore because sometimes she would be working her days with SS so she wanted DH to have Every-other-weekend instead. The judge ruled in DH's favor and told them to go figure out a rotation schedule. She said she wouldn't agree to anything less than 7 and 7 so they had to go back in front of the judge and he told her "no" because she had 50/50 before but said in her opening statement it wasn't good enough. She got weekends and DH got week days. She wants happy about it. But my point is that the only time a judge will even question a change in a kids schedule would be if one parent has a problem with it and good enough reason to back it up.