In re Marriage of Cerwick

Justin Cerwick (plaintiff) and Machelle Cerwick (defendant) had three children and a contentious divorce that included unfounded abuse allegations. Justin became the children's primary caregiver after they separated. Both parents asked for primary physical custody for themselves; neither asked for joint physical custody. Even so, the trial court granted the divorce and awarded Justin and Machelle joint legal and physical custody. Justin appealed, arguing joint physical custody was never actually put before the trial court.