Helping 20 Million Americans a Year for 20 Years. FREE!
Find the Right Lawyer for Your Legal Issue!

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential

Call us today for a free consultation (855) 466-5776

If my husband and I agree on a custody arrangement, can a judge override it?

Question Details: My husband and I are getting a divorce after 11 years of marriage. We have a 10 year old daughter together. Since we separated 3 years ago, my daughter has lived with me full-time and he has been unemployed the entire time and has not paid any kind of child support. We do not have any joint assets and there is no property to separate. I paid off all of the joint bills that we had. I am paying for the divorce myself so I am looking into using a paralegal or just filing the divorce papers myself instead of using an attorney because of the cost. He and I are in agreement on everything including the custody arrangement. I have heard that the state likes to do joint 50/50 custody but that is not what we want. His living situation is not a safe one for our daughter because his roommate has a mentally ill son. He is also trying to go back to work at a strip club and he will be working nights, so overnight visits are not an option. I make sure she sees him at least twice a week, for his birthday, and on holidays. He can see her anytime he wants and he will begin paying me child support as soon as he is financially stable enough to do so, and all the money will go into her savings account to pay for school clothes, soccer equipment, birthdays, etc. He is in total agreement with me on this arrangement and is willing to sign the divorce papers with that arrangement. My only concern is what the judge is going to do. So I'm wondering, is it likely for a judge to force me to give him 50-50 joint custody in spite of him agreeing to the terms?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.