Lombardo v. Lombardo
Court of Appeals of Michigan
507 N.W.2d 788 (Mich. App. 1993)
Mr. and Mrs. Lombardo divorced with a joint custody arrangement over their three children, with Mr. Lombardo (defendant) holding physical custody and Mrs. Lombardo (plaintiff) receiving visitation. When their son Robert qualified for a gifted-and-talented program, Mrs. Lombardo believed it essential to his educational future while Mr. Lombardo worried Robert would struggle adjusting and preferred keeping him in his current school; unable to agree, Mrs. Lombardo moved to have the court order Robert into the program. The trial court denied her motion, reasoning Robert didn't need the new program, would face transportation difficulties, and that absent statutory guidance, the physical custodian should simply make the call; Mrs. Lombardo appealed.
Whether, absent controlling state law, joint custody means parents share decision-making authority over important welfare decisions, with a trial court resolving disagreements based on the child's best interests.