Sometimes 50/50 Custody Is Not In Child’s Best Interests
The Myth of 50/50 Custody
First, I absolutely HATE using fractions to describe parenting time with children. Children are NOT pie or pizza, and shouldn’t be divided into fractions.
Whenever I hear, “I want 50/50, or 70/30 or 60/40 custody”, I think about the 2 women fighting over the baby, and King Solomon ordering the baby literally cut in half.
Read 1 Kings 3.
50/50 Legal Custody v. 50/50 Physical Custody
In most cases, 50/50 legal custody is appropriate.
However, 50/50 physical custody is sometimes NOT appropriate.
What is the difference between physical and legal custody? Read here.
Parenting Plans
When resolving custody, clients should focus on creating a parenting plan for their children that would best provide for security and stability as best as they can in a divorce.
Note: Here, “divorce” is the operative word.
I have to say this because many times, both parents will try and argue that “splitting the child” is not in their best interests, and instead child should go with MOM or DAD. No compromise, end of story.
Wrong.
Best Interests of the Child
In a perfect world, BOTH are correct. In the perfect world, families would not be dissolving and custody wouldn’t need to be figured out. But because divorce is happening, and divorce is the operative word here, the next best thing is create a parenting plan that would work best for the child.
When is 50/50 NOT in Child’s Best Interests?
- Breastfeeding babies absolutely cannot be away from the nursing mother.
- When one parent lives far away or moved away and travel time is excessive.
- During periods where one parent is away. For example, on tour, missionary, service to the country. However, be vigilant to protect against Montenegro and incorporate step up parenting plan whenver possible.
Custody is NOT Win or Lose
We are talking about the parents of a CHILD. In the overwhelming majority of cases, one cannot simply erase the other parent, no matter how much you hate them. Your child should not lose a parent.
@lawyerkelly Stop that #jointcustody #coparenting #divorcedparentscheck #5050custody #familylaw #childrenfirst #divorceattorney #PradaBucketChallenge
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