What Is 50/50 Custody?
50/50 Custody is a legal arrangement in which children spend an equal amount of time with each parent upon separation and divorce. This type of shared parenting can be a positive alternative to sole custody arrangements in which one parent has primary responsibility for the child’s care. Research shows that the majority of children do best with a 50/50 split of parenting time. 50/50 arrangements encourage children to properly bond and associate with both parents. These arrangements often work well if parents live within close proximity and can cooperate .
50/50 custody differs from sole custody arrangements in which a single parent has primary responsibility for the child in terms of their physical custody. Sole custody arrangements frequently result in children spending 200 days or less per year with the non-custodial parent. Of course, variations of sole custody include substantial visitation time (100-160 days) with the non-custodial parent, meaning that in reality what is often considered sole custody is in fact joint custody in disguise.
50/50 Custody: Legal Requirements
Obtaining 50/50 custody in Illinois requires that parents make significant commitments, which, among other things, can have implications for the cost and time involved in settling a divorce. First, parents need to reach an agreement that outlines how they will exercise 50/50 custody over the children. This agreement should set forth how each parent will share parental responsibilities, how parenting time will be allocated and where the child or children will live. Generally, this agreement should also include an allocation about where the child will go to school, what health care insurance will cover the children and how extra-curricular activities will be handled.
In order to get approval from the court for 50/50 custody, a parenting agreement must be signed by both parents and approved by a judge. Once the judge signs off on the plan, it becomes an enforceable court order. However, even after the court order is in place, either parent can petition the court to make changes to the agreement if circumstances change in the future that require a reassessment of parental responsibilities or parenting time.
Parents who are successful in getting similar parenting agreements approved by the court confirm that the process is comparable to the process of getting a marital settlement approved, though it should go without saying that a parenting agreement is vastly different than a settlement agreement. Where settlement agreements can have lasting financial implications and can even negatively impact your credit score if you do not pay debts and marital related expenses, a parenting agreement is much more concerned with familial bonding and parental responsibilities. Financial issues may be difficult during a divorce, but they are not necessarily the focus of a parenting plan, particularly as children age.
Parenting agreements containing 50/50 custody arrangements do require some fulfilling considerations. Courts want to make sure that the arrangement is best for children: research shows that split schedules can be disruptive if they occur at a younger age, while older children (high school and younger) tend to thrive under symmetric parenting plans, particularly when the parents live a short distance from one another. If the court is going to agree to the plan, parents need to demonstrate the following points:
Factors Courts Look at for 50/50 Custody
Courts will weigh all of these factors along with the statutory requirements to determine whether 50/50 joint custody is appropriate for a particular family. The first factor that courts will consider when determining custody is the best interest of the child. A best interest of the child analysis is a fact specific inquiry where the court will consider the broad array of circumstances pertaining to the family situation. Since the concept of having the best interest of the child be the primary consideration in custody cases does not adopt a set formula or limited number of factors to consider, it is easily impossible to provide an exhaustive list of all of the factors that comprise the best interest of the child test. However, a few of the key considerations that courts have identified to be relevant in determining what is in the best interest of the child are:
Another important factor that a court will consider in determining 50/50 custody is parental cooperation. The cooperative nature of the parents is a significant factor courts will consider in determining custody. This is particularly true in the consideration of joint physical custody arrangements where parents must work together to share parenting responsibilities and make decisions regarding their children. Courts want to see that parents can adequately communicate with one another and specifically focuses on whether parents can put aside their differences as a couple in order to successfully provide their children with the childhood experience they deserve. Parenting problems, failure to pay child support, alienation of a child’s affection from the other parent (when one parent badmouths the other parent in front of the child), conflict and other forms of parental manipulation will all diminish the likelihood of joint physical custody being awarded.
The courts in determining a child’s preference on custody matters also consider factors such as the age and intelligence of the child. Obviously, the older the child, the more consideration the court will give the child’s preferences. However the older the child does not always equal the more persuasive the child will be to the court. For example, a 13 year old who vociferously objects to a custody arrangement because she wanes custody is likely to be credited more than a nine year old who likewise objects because he merely wants to stay home from school.
Many states have adopted statutes governing custody and many of them simply require that parents make a request for joint legal custody without any evidence being adduced. If such a request is made, courts will automatically award such custody. Therefore, making requests for joint custody is an important initial step in gaining joint legal custody.
Finally, substantial authority exists in the area of child custody emphasizing the importance of the role nannies play in the life of a child and how they are sometimes the primary caregivers of children providing a steadying hand in a child’s life.
Pros and Cons of 50/50 Custody
One of the primary benefits of a 50/50 parenting plan is that it can lead to less of a dramatic change in the child’s emotional well-being. Kids often thrive on routine, particularly if they are young. A parenting plan that provides two regular periods of physical custody may give the child the best of both worlds for a child who has not previously had such an arrangement.
Both parents must also have open lines of communication that allow for the flow of information between them. After a divorce lawyer has been hired and the parenting plan is being negotiated, if you are thinking about a true 50/50 parenting plan, you may need to set aside any disparaging comments about the other parent. The courts may view parents negatively who continually criticize one another over requests or have difficulty communicating about the children’s welfare.
Each parent must also be able to tolerate the household organization habits of one another. Parents will do things differently, and are allowed to do things differently. It does not necessarily mean that one parent is better than another simply because of how they organize their home or manage their calendars. Flexibility is an important factor in this equation, which is another area in which parents must learn how to communicate and cooperate.
To have true 50/50 custody, parents must live within a reasonable distance of one another. Likewise, they must each have the time and resources to transport their children as needed.
Preparing for 50/50 Custody
When navigating the process of arriving at a shared custody agreement, it is essential that you and your co-parent work together while keeping in mind your responsibilities to your child. The following considerations may help you to prepare a 50/50 custody agreement:
Give Yourself Time Allow yourself time to process what is going on, and don’t rush into creating a new parenting plan or day-to-day schedule in which you’ll be spending equal time with your children. A major change like this can be jarring and should be approached thoughtfully . Take time to think through how each parent will meet the needs of the child during the parenting time, and ensure that you both have a plan in place should issues arise unexpectedly.
Do Your Homework It’s important to do your research so that you are informed about all of your options. Consider reviewing 50-50 custody agreements that have been established among other parents. Getting a better idea of what has worked (and what hasn’t) can help to avoid trial and error in your household.
Consult a Lawyer There are many legal factors to consider when establishing a child custody agreement. Be sure to consult a lawyer about your options and get guidance from a professional who specializes in this area of the law.
Dispute Resolution: 50/50 Custody
With so much time spent together, it is not surprising that parents often face significant disagreements while sharing custody with their children. Issues like academic performance, sports participation, and correcting behavioral problems often arise when parents are sharing custody equally. High-stress situations between the parents of children can have negative effects on the relationships between parents and children, and between the children themselves. It is unsurprising then that parents sharing custody do not always see eye to eye.
However, given how important 50/50 custody is to so many modern families, it is worthwhile to examine the ways in which these disputes can be resolved. The first step is simply to try to work it out. Try and talk to your ex about your concerns. You may find that you agree, and that both parties will be benefitted by the changes. If communication fails, both parents will need to return to the drawing board to get assistance from experts. This could include teachers, advisors, counselors, tutors, or maybe even a co-parenting counselor. When you’re trying to solve problems for children, it’s best to include them. Keep in mind that children will often be misled until they learn the truth about your situation.
If these discussions fail, legal resources are available in WA State to help parents take steps to resolve these disputes. The law’s intent is to get children back to the status quo, and often that means the court will make the decision for the parents if they cannot do so themselves. If a marital dissolution is not ongoing, perhaps the most effective way to reach resolution on parenting plans is through mediation. Mediators are experts at listening to parties’ complaints and working to resolve them. They may also offer parenting specialty training, or suggest other resources to help you collaborate. Mediators work outside the courtroom, and can try out all sorts of creative solutions to help you both arrive at a shared decision.
If the parents continue to have ongoing disputes, or if mediation has not worked, the court may have to step in to seek full resolution of conflicts. Courts will most often assign a GAL (Guardian Ad Litem) or Parenting Evaluator to the case. A GAL or Parenting Evaluator will assist the court in determining the current status of the family, and what the best next steps might be. Working through disputes is always a challenge, but by choosing to cooperate, parents can hopefully arrive at a solution that will benefit their entire family.
50/50 Custody: FAQs
Q: Where is 50/50 Custody appropriate?
A: 50/50 custody will only be appropriate where all factors point to a situation in which having a 50/50 split for time and parental decision making is what is in the best interest of the child. When a parent is abusive, is an active drug addict, a convicted felon or is otherwise a threat to the child then 50/50 custody is not appropriate.
Q: I don’t want to continue to mediate. Will the Judge order 50/50?
A: We are often asked if a party refuses to continue mediation if it is suggested by the Court that 50/50 parenting time will be ordered. The short answer to this question is no, Family Judges in New Jersey are not going to force 50/50 custody on parties who refuse to negotiate their own settlement and/or have no desire to have their kids for 50% of the time. This is very fact sensitive and courts will be very careful to make sure that a 50/50 custody situation is in the best interest of the child and will not be forced onto parties.
Q: How is 50/50 custody arranged in NJ?
A: Generally speaking , it is left to the parties to propose a Plan describing how 50/50 custody will be implemented. The parties can propose a weekly rotating schedule of parenting time, such as Wednesday to Wednesday. Or the parties can opt for two weeks on and two weeks off. There are also options to have each parent work several days on and then have several days off.
Q: What is the most common type of 50/50 custody?
A: There is no set "default" 50/50 custody schedule under the law in NJ. Different parents can propose different plans that fit their respective lifestyles. If the parties can agree to a specific plan than that will be acceptable in most cases.