Understanding the requirements and implications of a 50/50 custody arrangement is crucial to avoiding potential child custody disputes in Pennsylvania. Due to the complex laws surrounding child custody, seasoned legal representation is essential.
The Philadelphia child custody attorneys at Schwartz, Fox & Saltzman, LLC, including experienced divorce lawyers in Philadelphia, have been representing parents in custody matters for over 40 years. have been representing parents in custody matters for over 40 years
In this guide, our Philadelphia family law lawyers provide an overview of the legal requirements for a 50/50 custody arrangement, along with the benefits and other considerations.
What is 50/50 or Shared Child Custody?
50/50 custody, also known as shared physical custody, refers to a custody arrangement where the child spends equal or a nearly equal amount of time living with each parent, i.e., physical custody. Additionally, both parents can have equal decision making-authority, i.e., shared legal custody. This arrangement is designed to ensure both parents have significant involvement in their child’s life.
Legal Requirements for 50/50 Custody in Pennsylvania
Under Pennsylvania law (§5328), courts make custody decisions based on the child’s best interest. While there is no presumption for a 50/50 custody arrangement, it can be awarded by a court or included in a negotiated settlement agreement. However, a court must determine a 50/50 custody schedule is in the child’s best interest.
Benefits of Equal Custody
Absent documented instances of abuse or other extenuating circumstances, Pennsylvania law disfavors terminating a person’s parental rights. An equal custody arrangement offers numerous benefits for parents and children, including:
- Equal Time: Ensures both parents have significant and meaningful time with their children, promoting strong parent-child bonds.
- Shared Responsibilities: Encourages both parents to actively participate in decision-making and caregiving, fostering a sense of cooperation and partnership.
- Stability for Children: Provides children with consistency and stability by maintaining regular contact with both parents, which can positively impact their emotional well-being and adjustment to the separation.
A joint custody arrangement is also beneficial for young children as it provides them with the structure necessary for their educational and development requirements.
Impact on Child Development
While a 50/50 custody arrangement has many benefits, it may also negatively affect a child as they grow older. Stated simply, it can result in a child growing up in two different households with two different sets of rules. In order for a child to thrive in a 50/50 custody arrangement, both parents must agree to an arrangement that promotes stability and consistency. While having the exact same rules in each house is unlikely, some level of consistency is beneficial to the child.
Arguments Against 50/50 or Equal Custody
While shared custody offers many benefits, there are also arguments against this type of custody arrangement. A 50/50 custody arrangement may not be suitable for all families, especially in cases involving high conflict, domestic violence, or parental unfitness. Additionally, equal custody may not be appropriate when one parent has a chaotic or a work schedule that impedes a parent’s ability to effectively parent a child.
Types of 50/50 Custody Arrangements
A 50/50 custody arrangement can be tailored to a family’s specific needs and requirements. It can be tailored so the child spends alternating days with each parent. Alternatively, the child can spend alternating weeks during the month with each parent.
Most Common Shared Custody Co-Parenting Plans
There is no one-size-fits-all 50/50 custody arrangement. However, common shared custody schedules include:
- Week-On, Week-Off: The child alternates living with each parent on a weekly basis.
- 2-2-3 Schedule: The child spends two days with one parent, two days with the other parent, and then three days with the first parent, rotating each week.
- 3-4-4-3 Schedule: The child spends three days with one parent, four days with the other parent, and then switches, rotating each week.
- 2-2-5-5 Schedule: The child spends two days with one parent, two days with the other parent, and then spends five days with the first parent, and then spends five days with the other parent.
- Parents can design their own shared custody schedule, which meets the needs of the child and the parents.
These arrangements provide children with significant time and involvement with both parents, fostering stability, consistency, and strong relationships.
Implementing a Good 50/50 Custody Schedule & Plan
A successful 50/50 custody plan requires cooperation and communication between both parents. Additionally, both parents must be honest and realistic regarding their lifestyles and ability to care for their child. Finally, a successful shared custody plan requires both parents to be flexible and adaptable. On the other hand, if parents do not have ideal communication with each other, an equal week-on, week-off schedule can be that the child is exchanged on Friday afternoons at the end of school. In that way, no communication is required between the parents.
Strategies for Parental Cooperation
Successful implementation of a 50/50 custody plan can require effective communication and cooperation between parents. Strategies for parental cooperation can include:
- Maintaining Open Communication: Keep lines of communication open between parents to discuss scheduling, logistics, and any concerns or issues that arise.
- Resolving Disputes Amicably: Approach disagreements calmly and respectfully, seeking compromise and understanding to resolve conflicts in the best interest of the children.
- Focusing on the Children: Prioritize the well-being and happiness of the children above all else, making decisions that support their needs and best interests.
Tools for Managing a Shared Custody Arrangement
Utilizing tools and resources can help parents manage a shared custody arrangement and equal parenting time effectively. Some helpful tools include:
- Shared Calendar Apps: Use shared calendar apps to coordinate schedules, appointments, and activities, ensuring both parents stay informed and organized.
- Communication Platforms: Utilize communication platforms or co-parenting apps to facilitate easy and efficient communication between parents, allowing for quick exchanges of information and updates.
- Parenting Agreements: Establish clear and detailed parenting agreements outlining custody arrangements, visitation schedules, and other important guidelines to minimize confusion and conflicts.
By using these tools, parents can navigate a 50/50 custody arrangement successfully and provide their children with the stability and support they need to thrive.
50/50 Custody FAQs
Due to popular culture, people have many misconceptions regarding child custody disputes. People mistakenly believe one parent automatically receives custody. It is natural for parents to have questions when they learn they can share custody.
What Are Father’s Rights for Custody in Pennsylvania?
In Pennsylvania, fathers have equal rights to custody as mothers. This is because Pennsylvania law (§5328(b)) prohibits courts from using gender as a factor when determining custody. Instead, the law recognizes that both parents are entitled to seek custody.
Do I Still Need to Pay Child Support if We Have 50/50 Custody?
If you are the higher earning parent, yes you must pay child support even if you have 50/50 custody. Normally, child support is paid by the non-custodial parent based on the Pennsylvania Child Support Guidelines (Rule 1910.16-4). If you have 50/50 custody, you can seek a reduction for your child support obligations, since the support guidelines provide a reduction in child support in an equal physical custody arrangement.
Can a Shared Custody Agreement Be Modified?
Yes, a shared custody agreement can be modified. If both parents agree, it can be modified by consent and in writing. If one parent disagrees, the other parent can obtain a modification from the court if they can prove the modification is in the child’s best interest.
When Can My Child Choose Who They Want to Live With?
In Pennsylvania, a child does not have the legal right to choose which parent they want to live with. However, the court may consider the child’s preferences if they are deemed mature enough to express their wishes and if it’s in their best interests. When a child reaches 18, they are no longer subject to a custody order, which means they can live with either parent.
Talk with an Experienced Child Custody Attorney
Navigating the complexities of child custody can be challenging, but you don’t have to do it alone. The experienced child custody attorneys at SFS are here to provide guidance, support, and advocacy to help you navigate the legal process and protect your children’s best interests. Contact us today for a consultation to discuss your options and find a resolution that works for your family.