Understanding 50/50 Custody: What Parents Need to Know

The Case for Equal Parenting Time

For decades, family courts operated under the assumption that children needed one "primary" parent—usually the mother—while the other parent was relegated to "visitor" status with every-other-weekend access. This outdated model ignores decades of research showing that children thrive when they have meaningful relationships with both parents.

50/50 custody, also known as shared parenting or equal parenting time, is a custody arrangement where both parents have approximately equal time with their children. This isn't just about fairness to parents—it's about what's best for children.

What the Research Shows

The scientific evidence is overwhelming. Studies consistently demonstrate that children in shared parenting arrangements:

• Perform better academically: Children with equal access to both parents show higher grades and better school attendance
• Have fewer behavioral problems: Reduced rates of anxiety, depression, and acting out
• Maintain healthier relationships: Better ability to form and maintain close relationships as adults
• Experience better physical health: Lower rates of psychosomatic symptoms like headaches and stomachaches

A landmark 2017 study published in Acta Paediatrica found that children in joint physical custody arrangements showed fewer psychological symptoms compared to children living mostly or only with one parent—with benefits observed even in preschool-aged children.

Common Misconceptions

"Children need stability in one home"

The opposite is true. What children need is stability in their relationships with both parents. Shuttling between two loving homes is far less traumatic than losing meaningful access to a parent.

"50/50 custody only works for cooperative parents"

Research shows that children benefit from equal parenting time regardless of parental conflict levels. In fact, equal time can reduce conflict by removing the "winner takes all" dynamic of traditional custody battles.

"Young children need their mother more"

This myth has been thoroughly debunked. Infants and toddlers form attachments to multiple caregivers and benefit from strong bonds with both parents from the earliest ages.

State-by-State Progress

The tide is turning. More and more states are moving toward presumptive equal parenting:

• Kentucky became the first state to adopt a presumption of joint custody in 2018
• Arizona requires courts to maximize parenting time for both parents
• Arkansas recently passed legislation favoring equal parenting time
• Over 20 states have considered presumptive shared parenting legislation in recent sessions

Barriers to Equal Parenting

Despite the evidence, many family courts still resist equal parenting arrangements. Common barriers include:

1. Judicial bias: Some judges cling to outdated assumptions about parenting roles
2. Financial incentives: The child support system often creates incentives to minimize the other parent's time
3. False allegations: Unfounded claims of abuse or neglect used as tactical weapons
4. Attorney advice: Lawyers may discourage cooperative solutions that reduce billable hours

How to Advocate for 50/50 Custody

If you're facing a custody dispute, here's how to position yourself for equal parenting time:

Document Your Involvement

Keep records of your active parenting role: school meetings attended, medical appointments, extracurricular activities, homework help, and daily caregiving.

Propose a Specific Schedule

Courts appreciate concrete proposals. Common 50/50 schedules include:

• Week on/week off: Children alternate weeks with each parent
• 2-2-3: Children spend 2 days with one parent, 2 with the other, then 3 with the first
• 3-4-4-3: A four-week rotating schedule

Demonstrate Cooperation

Show the court that you can put your children's needs first. Avoid speaking negatively about the other parent and demonstrate willingness to communicate and co-parent effectively.

The Fight for Reform

Robert Garza and Team is fighting to make equal parenting the default in all 50 states. Our New Start at Equality bill establishes a presumption of equal parenting time, shifting the burden to prove why one parent should have less access.

We believe every child deserves two fully engaged parents. Join us in the fight for equal parenting rights.

Resources

• Find reform bills in your state: Visit our Family Court Reform Bills page
• Contact your legislators: Use our Legislator Lookup tool
• Read the research: Explore the scientific literature on shared parenting outcomes