So… what can you do if your spouse doesn’t agree to 50/50 custody? First, if we’re going to talk about custody we have to understand that there are two types of custody in Minnesota, legal custody and physical custody and there’s an important distinction between the two.
As I pointed out, legal custody deals specifically with religion, education, and medical decision making. Now, while most of the time everyone gets joint legal custody, that is not always the case. In some cases the parents may have different beliefs that conflict with each other, something that can make a custody battle a real “battle” pretty quick.
Physical custody or parenting time is just that. “It’s how often the kids spend time at your house”, I pointed out, briefly touching on the possibility of sole or joint custody, which can sometimes be an entirely separate issue. Just remember, whatever you do, don’t ever say that you want 50/50, as this phrase is a red flag and is more commonly used when talking about Child Support. It is much better to say every other weekend, or two to three nights a week, or whatever you have in mind, but always be specific.
The truth is that a short answer is a shallow one in this case, as every client has a different story to tell, with a different background to back it up, and because of that, there really is no bottom line answer. There are also two sides to every story, and the way that your spouse feels about the situation can heavily influence the outcome of your case.
So, in short, what can you do if your spouse doesn’t agree to 50/50 custody? Call your attorney and work out the details, because there is always more to the problem than you realize, and only your attorney can really help you solve the problem.