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What are the chances of a father getting 50/50 custody of his child?
In this article, you’ll learn about:
Let’s dig in.
The chances of a father getting 50/50 custody depends on things like:
The father’s chances of getting 50/50 child custody are not dependent on one single thing.
His chances depend on how many things are going in his favor.
Read More: Custody Battles For Fathers
Note that there is no set age that increases the father’s chances of getting 50/50 joint custody.
Usually, it’s in the 3+-year-old phase when they become less dependent.
So, let’s break this down into two age groups:
The chances of a father getting 50/50 joint custody are small for a newborn.
In this phase of the child’s life, the mother’s parental responsibilities are greater.
Things like breastfeeding and the child’s dependency on the mother come into play.
If the child is in this age group, the likelihood of a father getting 50/50 custody is smaller.
But, the father should ask that the judge provide custody orders with a staggered schedule.
A staggered schedule would give the father 50/50 custody once the child is less dependent.
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If your child is over 3 years old, then the chances of a father getting 50/50 custody are higher.
Once age is not a factor, then the judge will consider other things for child custody cases.
Read More: Grounds for Full Custody of Child
Another thing that the courts consider is how close the father lives to the child.
Let’s say the father lives roughly as close to the child’s school as the mother.
In this case, the father’s chances of getting 50/50 child custody improve.
A father’s chances to get 50/50 custody depend on things like:
The judge wants the child’s life to get disrupted as little as possible in divorce cases.
This means that they want the child to have stability in their:
The courts see minimal disruptions as being in the best interest of the child.
If where you live is close to all these activities, your chances of 50/50 child custody increase.
If you don’t live somewhere feasible, your chances decrease.
And you may get stuck with weekends only.
Read More: How a Mother Can Lose a Custody Battle
A father wanting to get 50/50 custody needs to be available to handle that parenting time.
Let’s say the father travels frequently for work or works weird hours.
In this case, it would be difficult to give the father 50/50 joint physical custody of the child.
The family courts will most likely ask you to provide a reasonable schedule you can work with.
And they will build their parenting plans around that.
Let’s say you are fully available without any disruptions in scheduling.
In this case, the father is more likely to get equal parenting time.
A 50/50 custody arrangement is one where each parent gets equal parenting time.
This custody arrangement forces parents to have a good co-parenting relationship.
Let’s say that the judge doesn’t think that the parents can co-parent successfully.
In this case, they won’t award a 50/50 parenting plan.
50/50 custody usually refers to both:
Joint legal custody is when both parents have equal decision-making power.
Joint physical custody is when both parents have equal parenting time with the child.
Read More: How Can A Mother Lose Custody To The Father
To get 50/50 custody, you need to show the judge that:
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We will make sure you are prepared to get 50/50 custody and not lose out on your child’s life.)
Adequate living arrangements mean that you have:
It basically means that you can provide for their basic needs.
The ability to provide for your child is not just monetary.
It means that you are fostering a healthy life:
You need to show the judge that it’s in the best interest of the child for you to get 50/50 custody.
50/50 custody gives both parents roughly equal parenting time.
The judge’s goal is to have both parents spend an equal amount of time with the child.
A 50/50 custody arrangement is usually alternating:
Read More: Moving Out Of State With Child
The custodial parent in 50/50 custody is the parent the child stays with more.
Even if the child is scheduled to stay with the other parent one day more per year.
That parent is the custodial parent.
Since there is an odd number of days in a year, it could be 183 days vs 182 days.
The parent who gets scheduled with 183 days is the custodial parent.
The custodial parent is appointed by a court order from the family courts.
Read More: If There Is No Custody Order In Place Can I Take My Child
Can you get 50/50 custody when the parents live in different states?
It’s possible that a judge will give the parents 50/50 custody if they live in different states.
But only if it means that the parents are equally available and live close to each other.
Giving parents that live in different states 50/50 custody can disrupt the child’s life.
When parents live in different states, it’s not likely that the parents will get 50/50 custody.
It’s more likely that the parent who moves out of state will get reduced parenting time.
Read More: How Far Can A Parent Move With Joint Custody
Fathers can get awarded 50/50 custody of a newborn.
But it is very difficult for a father to get 50/50 custody of a newborn.
This is because the newborn is very dependent on the mother.
Especially if the mother is breastfeeding still.
It’s very possible to get visitation rights for the father.
Fill out the form on this page to get in touch with a family law attorney.
You may not be able to get 50/50 custody of a newborn.
But you can stagger the custody arrangement where you:
Read More: Unmarried Father’s Rights
A father getting 50/50 custody does not avoid child support.
There are more factors that determine child support payments beyond custody arrangements.
Things that affect child support are:
40% of states aim to give fathers 50/50 custody of their children.
But nationwide, fathers are not likely to get 50/50 custody.
Fathers usually end up with 35% of custody.
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We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose custody of your children.
We also make sure that your custody judgment is equitable and fair.
This means you don’t get raked over the coals financially.
After you fill out the form below, we will set up your free consultation.
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