What Does 50/50 Legal Custody Entail?
50/50 legal custody is commonly perceived as a situation where the children spend equal time with each parent. This notion, however, is inaccurate. Legal custody refers to a parent’s authority to make decisions regarding the child’s health, education, religion and general welfare. Physical custody, on the other hand, refers to where the child lives most of the time. As such, one parent may have physical custody, or the time in which the child resides with them, while the parents share 50/50 legal custody , allowing them to conference to arrive at mutual decisions on important issues pertaining to their child’s wellbeing.
While legal custody is typically joint between the parents, the court does not mandate joint decision making in all situations. For example, it would not be appropriate to require parents to confer with one another on medical and educational matters for a child with special needs. In that instance, the court might grant sole legal custody to one parent in order to reduce decision making tensions.
How Is 50/50 Legal Custody Determined?
When determining 50/50 legal custody, courts look at several factors. The most important of which is the best interests of the child. When looking at the child’s best interests, courts consider many factors such as: the child’s relationship with both parents, the parent’s relationship with one another, the parent’s physical and mental health, the age of the child and the ability of the parents to cooperate with one another.
Another factor that courts look at when deciding if 50/50 legal custody is appropriate is the parent’s capability to cooperate with one another. This actually goes hand in hand with the above factor. If one or both parents is not able to cooperate, then 50/50 legal custody is unlikely. For example, if the parents hate one another and refuse to communicate, then it is likely that 50/50 legal custody will not be awarded. In addition, if one or both parents have difficulty making decisions or rationally discussing with the other co-parent about then it is also unlikely that 50/50 legal custody will be awarded because, in light of these examples, the parent(s) would not be able to make decisions in the child’s best interest.
If both parents do ultimately have the ability to communicate and cooperate with one another, then it is possible that courts will award 50/50 legal custody. However, that is still not guaranteed of either parent. Courts will still need to see what is in the child’s best interests. Various factors such as other relationships by each parent, each parents’ work schedule, and the overall actions of both parents since the child’s birth will all be considered when deciding whether or not to award 50/50 legal custody and to which parent such custody should be awarded too.
The Benefits Of 50/50 Legal Custody
While equal physical custody has advantages and is the preferred option in many cases, equal legal custody can be essential for the effective implementation of an equal physical schedule. Having joint legal custody means that both parents have equal decision-making authority for their children. The fundamental advantage of equal legal custody is that both parents have an equal role in the decision-making process. Joint decision-making can help with transparency in the parenting process and reduce misinformation and the propensity for conflict. Having equal decision-making authority gives married parents and unmarried parents equal say in determining the following major issues. For children to thrive, they need both parents actively participating in the major decisions affecting their lives. A joint decision-making model generates the following advantages: Joint decision-making also has advantages for the parents. Specifically, joint decision-making:
The Limitations Of 50/50 Legal Custody
Despite the potential benefits of 50/50 legal custody, it can present significant challenges for parents and children. One of the most common complaints is communication difficulties, particularly when parents do not live near each other and have to drive long distances to talk. This lack of contact often leads to misunderstandings and resentment. In many cases, a lack of communication can result in one parent blaming the other for co-parenting problems. It’s not uncommon for children to feel caught in the middle, leading them to develop a sense of guilt or anxiety over the family dynamic and require therapy to help them cope with the situation.
Another potential issue with 50/50 legal custody is scheduling conflicts. Because both parents have the right to make decisions regarding their children’s upbringing , they cannot agree on where to send the kids to school or which extracurricular activities to allow them to participate in. In some cases, there may be third parties who interfere with the situation and cause children to take sides. In some cases, one parent may also wish to withdraw from the arrangement altogether, while the other parent may become difficult, mean or abusive.
If you’re considering 50/50 legal custody of your child, you and your ex should carefully weigh the pros and cons of the decision. 50/50 arrangements can be immensely successful for the right families, but it could also create significant problems if the arrangement becomes too difficult to manage.
Tips For Making 50/50 Custody Effective
To make a 50/50 legal custody arrangement work, it is essential to establish clear communication and coordination between parents. Open lines of communication are vital in addressing concerns or scheduling changes. Before a conversation begins, consider the mode you will use for communication and ensure that it is effective. In some instances, text messages are the best way to communicate as they allow for unambiguous discussion and provide a record for future review. On the other hand, some people’s text messages are hard to decipher and can be easily misinterpreted. Always consider the most efficient form of communication for you and the other parent.
In addition, parents must be flexible and adapt to changes in circumstances. A sudden work commitment, illness, or conflict with previously scheduled arrangements may require a temporary shift in time while ensuring that the overall 50/50 split is maintained. The parties should maintain an attitude of cooperation and avoid discussing the change with kids in an effort to reduce their level of anxiety.
Parents also need to remain proactive in handling potential conflicts before they escalate. While occasionally disputes are inevitable, avoiding negative emotions or language can help in minimizing them. Using a calm, objective tone and speaking in the second person about the "other parent" is often helpful. There isn’t one way to balance the needs of multiple people, but there is always a way.
Legal Procedures To Secure 50/50 Custody
When parents who are not living together agree that each parent shall have equal parenting time with the child, they may attempt to implement a 50/50 parenting time schedule on an informal basis. This can create unnecessary risks for all parties. For example, if the parents suddenly and informally decide to modify the parenting time schedule, which can occur when either parent gets one "overnight" with the child, the risk today is that the non-compliant parent can be sued for custodial interference, i.e. with the eyes of the Court in effect saying that anything over one "overnight" is considered to be "new" parenting times for purposes of parental time calculations. The specific risks involved depend on the parenting time schedule, the parenting plan negotiated or agreed by the parties, the school schedule, the expense of travel, work schedules, the location of the parties, etc.
In order to mitigate these risks, have a written parenting plan that details the 50/50 parenting time schedule to be implemented, especially if you are implementing a 50/50 parenting time schedule and have not yet obtained a New Jersey court order addressing issues of custody, parenting time, education, transportation, extracurricular activities, notice of intent to relocate, etc. This written parenting plan should be detailed and specific, as opposed to a general discussion of the proposed parenting time schedule. Be careful what you wish for , as this plan will be the basis for litigation if the parties are not able to resolve any issues that arise. In other words, if the plan says that the child will be transported to school on a Wednesday morning, you may well be litigating the meaning of "transported" or "school" or "Wednesday" or "morning" if and when the matter can’t be resolved. Does the child need to be woken early, has the child to be brought to the bus stop, is the bus stop even at the point where the parenting time begins or does the parent who is transporting have to drive the child to his or her school? What about a snow day, a day off from school, a delayed opening, etc. Again, what was intended to be a way to resolve your issue may end up creating an entirely new issue. Just because the parties might have a 50/50 parenting time schedule does not make the issues of custody no longer exist.
The bottom line is that 50/50 parenting time is here to stay. However, there is much for both parties to consider going forward; especially the risks inherent in the ongoing litigations, i.e. issues of tuition, transportation, day care, camp, clothing, extracurricular expenses, debt payments, insurance, etc. Remember that the only piece of your respective lives that a court can truly allocate reasonably effectively is parenting time. Everything else becomes a portion of the marital unit, an asset and/or debt or the division of the resources of the marital unit.