What to do about visitation/custody if we haven’t been to court yet?

My husband filed for joint custody but we have not been to court as the paperwork was filed about a month ago. We verbally agreed on Thursday that our daughter would spend 2 weeks with me and 1 week with him. On Friday he changed his mind and said that he would like to continue with our prior arrangement of 50/50 custody. I feel that schedule is too harsh on our daughter and isn’t allowing her to have a primary home. Does he have the right to just come pick her up from me? He has threatened to come pick her up tomorrow even though our verbal agreement on Thursday was for her to be picked up in about10 days.

Asked on September 22, 2012 under Family Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Until you have a written agreement dated and signed by you and your spouse with respect to the visitation and custody issues as to your daughter memorialized in a court order, then there really is nothing for the court system to enforce and the parties in your matter can change their positions as they may desire.

Given the uncertainty facing you, I suggest that you consult with a family law attorney sooner rather than later to assist you and your daughter with respect to the issues that you are facing concerning the marital dissolution matter involving you.

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