Question for a friend

[Deblynrob]

What is the name of your state? Michigan

A friend of mine is separated from his wife. They have two children. The children spend time with both parents. During the week the children spend the majority of their time at my friend's house (mother works afternoons) and weekends with their mother. (except when she asks him to take the children because she has something to do, which is frequently)
My friend is paying his estranged wife's house payment, electric bill, and all expenses for the children (buying clothes, shoes, sporting supplies, haircuts, etc) He doesn't want the situation to become adversarial, but I think he is being taken advantage of. I looked up the support guidelines, at his request, and he is overpaying by quite a bit.
I have advised him to get an attorney and start divorce proceedings.
The mother states that she wants joint legal custody with her having physical custody.
Question: Does this situation call for joint custody? By this I mean joint physical and legal custody.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Michigan

A friend of mine is separated from his wife. They have two children. The children spend time with both parents. During the week the children spend the majority of their time at my friend's house (mother works afternoons) and weekends with their mother. (except when she asks him to take the children because she has something to do, which is frequently)
My friend is paying his estranged wife's house payment, electric bill, and all expenses for the children (buying clothes, shoes, sporting supplies, haircuts, etc) He doesn't want the situation to become adversarial, but I think he is being taken advantage of. I looked up the support guidelines, at his request, and he is overpaying by quite a bit.
I have advised him to get an attorney and start divorce proceedings.
The mother states that she wants joint legal custody with her having physical custody.
Question: Does this situation call for joint custody? By this I mean joint physical and legal custody.

My response:

Most local Family Law attorneys offer a free initial consultation. Have your friend make a call for an appointment to discuss his particular fact pattern, and also obtain an estimate of fees for representation.

IAAL

 

[kidoday]

What county are you in?

Joint legal with her having physcial, means that she retains full custody and he pays full support.

Since you say that the children spend the majority of the time with the father, I suggest your friend file for joint legal, shared custody. However, some counties do not like to honor this type of parenting.

 

[Deblynrob]

What county are you in?

Joint legal with her having physcial, means that she retains full custody and he pays full support.

Since you say that the children spend the majority of the time with the father, I suggest your friend file for joint legal, shared custody. However, some counties do not like to honor this type of parenting.

Thanks for your reply!

They both reside in Macomb County.
I feel quite the same as you, joint legal shared. I thought it would be best since they live within a mile of one another, I didn't think it would cause too big of a problem.

Thanks to IAAL for his reply, too

 

[kidoday]

I looked up custody as per Macomb county. Their term does not state joint legal, shared, rather joint physical custody.

Of course your friends attorney would know this. Make sure your friend notifies his attorney up front that this is what type of custody he is seeking.

 

[Deblynrob]

I looked up custody as per Macomb county. Their term does not state joint legal, shared, rather joint physical custody.

Of course your friends attorney would know this. Make sure your friend notifies his attorney up front that this is what type of custody he is seeking.

Thank You soooo much. I appreciate your efforts. I will be sure to let him know.