How to Get 50/50 Joint Custody
Child custody matters are handled within the family court of your state. Each state legislature has set forth rules which will guide the judge while handling your case. Every custody case is very fact-specific and no two cases are alike. The court considers a multitude of factors before awarding custody. The preeminent and over-arching consideration will be what custody arrangement serves the best interests of the children. In addition, custody arrangements can change over time as family dynamics tend to change.
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How to Get 50/50 Custody
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Determine what type of custody you are seeking. There are generally two types of custody: legal custody and physical custody. Legal custody is custody which enables the parent to control the upbringing of the child, whether or not he is in physical custody. This includes making educational, medical, financial and other decisions regarding the child. Parents are each usually afforded equal 100 percent legal custody of the child so they are both entitled to make decisions affecting the child.
Physical custody involves where the child will physically reside. Only one parent can have physical custody at a time and the court will consider what the child's best interests are in order to determine where and when physical custody will be best.
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Adjust your lifestyle to mimic that of a responsible parent if you seek 50/50 physical custody. The court will inquire heavily into each parent's lifestyle choices including what hours they keep, whether third parties are constantly present in the house, whether the house represents a stable home life for the child and whether the child is comfortable there. A parent is unlikely to be granted 50% physical custody if he or she is out all hours of the night or leading a generally irresponsible life.
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Consider the child's best interests. This type of custody arrangement means that the child will spend half of his time with one parent and half with the other. In order for this situation to work, it must benefit the child and must not disrupt his normal routine. Many parents choose to swap out their presence in the same home while the other parent resides at a mutual rented apartment. This way, the children always remain in their home which will hopefully reduce feelings of instability or anxiety.
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Hire a family law attorney, if you can afford to do so. A family law attorney will especially have experience in custodial matters and can articulate your position to the judge with clarity and poise. You will also be required to file lengthy legal documents with the clerk of the family court. A family law attorney will know the courthouse rules and be able to effectively advocate for you in those documents.
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Keep your cool. If you are not awarded 50 percent custody of the children, do not become frustrated. The judge will undoubtedly make a concerted effort to ensure that you play an active role in their lives. He will seek to set up a custody agreement that is in the children's best interest. Try not to bad-mouth the other parent, especially in front of the children.
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