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Child Custody: More Parents Agreeing to Fifty-Fifty Split

An extremely difficult part of ending a marriage for mothers and fathers is the thought of not seeing their children every day. In the past, mothers traditionally have been awarded primary - oftentimes sole - custody of children during divorce proceedings. This intensified the fear of losing a child in many fathers across America.

However, rather than having one parent as the primary caregiver, a recent trend shows more and more parents are willing to share custody equally. This approach has distinct advantages and disadvantages for parents and their children.

How is Custody Determined?

Parents have the option of agreeing to a particular custody plan, but when parents cannot agree the issue is resolved by a judge. A court uses a "best interests of the child" test to determine what custody design will be most beneficial for a child as he or she grows.

Courts will consider the parents' and child's wishes (assuming they are old enough to make such a decision), schooling options, relationships with other siblings, and the health of everyone involved.

Advantages and Disadvantages of Fifty-Fifty Custody

Living in two households and spending an equal amount of time with both parents offers these benefits:

  • Maintaining Relationships: Children are able to build and maintain familial relationships easier than those in primary-custody arrangements
  • "Normal Time": Parents who are not the primary custodian do not feel they have to make up for lost time by always spending money on extravagant activities
  • Child Support Payments: The Congressional Quarterly article "Joint Custody: Is it Good for the Children" states that child support is fully paid in 75 percent of joint custody cases versus 46 percent of primary custody arrangements

These benefits, among others, are compelling reasons to consider fifty-fifty custody. However, there are some disadvantages for this setup as well:

  • Unresolved Marital Issues: If a couple's relationship continues to experience post-divorce turbulence, then coordination in raising the child often suffers
  • Expenses: Maintaining two full-time residences for a child duplicates many costs

It is important to understand how primary or split custody will affect both parents and their children. Speaking with an experienced child custody attorney will allow parents to weigh their options and discuss the multitude of benefits and potential drawbacks not mentioned above.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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