Rivero v. Rivero

Mr. Rivero (defendant) and Ms. Rivero (plaintiff) divorced and agreed to 'joint physical custody,' but their actual schedule gave Ms. Rivero the child five days a week and Mr. Rivero only two. Less than two months after the decree was entered, Ms. Rivero petitioned for primary physical custody. The district court found the parties had really intended an even timeshare, decided the five-two split was inconsistent with that intent, and modified the decree to a 50/50 schedule; Ms. Rivero appealed.