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50/50 Custody

Unread postPosted: Fri Jan 07, 2005 1:38 pm
by Tim87
Recently my wife says she wants a divorce. She says she is unhappy and has been for years. This is news to me and to anyone that knows us, including her family and friends. We have just moved to her home town 1 year ago, and now she wants a divorce, we relocated to a much smaller town, both got new jobs and a new large house.
She says that she wants us to have 50/50 custody, joint legal joint physical custody, which i beleive is most likely the best possible scenario for me.
My question is will the courts in Minnesota grant this type of custody arrangement? All the advice i have gotten or read is to each have our own lawyer, should we have our own lawyer if we can come to this arrangement? Will there be any child support with this type of arrangent, i make about $2,000 more then her? Any other advice or information will be greatly appreciated.

Re: 50/50 Custody

Unread postPosted: Fri Jan 07, 2005 1:44 pm
by Bolivar
Post this question on The Divorce Bullentin Board

Minnesota Divorce & Family Law Center

Maury should know the answer

Re: 50/50 Custody

Unread postPosted: Fri Jan 07, 2005 1:44 pm
by nuke
You do not both need a lawyer, but you will likely want to hire one to help draw up the paper work. If she hires one, get one FAST.

Move fast while she is still feeling generous and guilty to get her signature on the 50-50 agreement. If both parties want 50-50, the judge will give it to you. Make sure that NO ONE is listed as the primary parent (or YOU are) and no one should have to pay child support. Some states calculate what you would pay her and what she would pay you, and then whomever owes more pays the difference, but you can mutually agree to not do this.

Don't forget a moveaway clause!!! That states if one parent should move such that 50-50 is no longer an option, the moving parent forfeits primary physical custody to the non-moving parent.

Re: 50/50 Custody

Unread postPosted: Fri Jan 07, 2005 4:05 pm
by Kia
Also, if you guys are really able to communicate without problems and listen to each other,you might want to discuss how you want to have your child schooled(private or public,etc) and religion and have that written in too.These two items seem to be a bone of contention among divorced parents. Good Luck.

Re: 50/50 Custody

Unread postPosted: Fri Jan 07, 2005 5:36 pm
by Fed Up
Yes, you both need lawyers and yes, you should take the deal. 50/50 legal and physical custody is excellent for the kids, as is avoiding acrimony and protracted legal battles which can get ugly. Take the deal. With just 2K difference in wages, there should be no child support owed either way in a solid 50/50 legal and physical. Do not hesitate. Let her go. Take the deal.