How will placement with the children be determined?


If the parties cannot agree on a physical placement schedule, the court will allocate periods of physical placement of the child between the parties. In determining periods of physical placement, the court is required to consider the same factors, listed above, that are considered in determining legal custody. The placement schedule must allow a child to have regularly occurring, meaningful periods of physical placement with each parent and must maximize the time spent with each parent, taking into account geographic distance and accommodations for different households. A child is entitled to periods of physical placement with both parents unless the court finds that physical placement with a parent would endanger the child’s physical, mental or emotional health. Periods of physical placement may not be denied for failing to meet  any financial obligations to the child or former spouse. A court may not make a prospective order prohibiting a parent from requesting a change in physical placement in the future.  Under most circumstances, the initial placement award or agreement is not modifiable for two years.

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