50/50 Custody in PA: What Judges Look For
When parents separate or divorce, one of the most emotionally charged issues is custody of the children. In this type of situation, it’s hard to make everyone satisfied with the outcome. Even in cases where one parent gets full custody, the other parent will normally have visitation or partial custody.
The court’s job is to determine which path supports the child’s well-being. For example, the judge will consider which home provides continuity for the child’s schooling and sense of community. In some cases, the judge will award 50/50 to both parents. Also known as shared custody, 50/50 custody is only given in specific situations.
In Pennsylvania, custody decisions are not based on what the parents want, but rather what’s in the best interests of the child. So if you’re seeking 50/50 custody, it’s important to understand how the courts evaluate your request and the best ways to enhance your case.
What Does 50/50 Custody Mean?
50/50 custody means both parents share equal physical custody of the child. How this looks in practice can vary significantly. Here are just a few of the schedules that might make sense for you and your co-parent.
- The child could spend one week with you and one week with the other parent.
- You have the child for two days, the other parent has them for two days, then you have them for the final three days. During the next week, the 2-2-3 schedule reverses so that the other parent receives an extra day.
- You could choose to alternate who has your child(ren) every two weeks.
- Time can be divided based on weekends and weekdays. For example, you could have the children during the week and your former partner could have them on the weekend. During the next week, you would have the opposite schedule.
What Factors Does a Judge Look at When Determining 50/50 Custody?
According to 23 Pa. C.S. § 5328, there are multiple factors that must be considered when a judge decides where your child will end up living and who will have legal custody. The following are some of the most important factors that the judge will look at.
Parental Cooperation
For a 50/50 custody arrangement to work, both partners need to work together. The judge will want to see that you can both prioritize your child’s interests over your own needs. You’ll need to coordinate your schedules and care significantly, so you both must be able to communicate and work together.
Parental Involvement
A shared custody agreement only works if both of you are actively involved in the child’s life. This means the judge will expect that both parents have a history of handling homework, taking children to doctor appointments, and going to school meetings.
Geographic Location and Stability
If you and the co-parent live in different states, then it will be incredibly difficult to share responsibilities. For the easiest co-parenting, it helps to have both parents in the same school district so that the child can keep going to the same school and won’t have to undergo long drives each time they switch homes. By being close to each other, you can ensure the child’s home, school, and social life remain relatively the same.
Supportive Co-Parenting Attitudes
If one parent spends a lot of time badmouthing the other parent, the judge will look poorly on that. To get shared custody, both parents need to be supportive of each other.
Child’s Personal Preference
Once the child has an appropriate maturity level and age, child custody laws in PA allow the child to have input about which home they want to live in.
Parental Health
Before a judge awards 50/50 shared custody in PA, they’ll want to be certain that both parents are physically and mentally up to the task. Physical limitations, substance abuse, or severe mental health problems could potentially derail your shared custody plans.
Get Legal Insight Into Your Case
Sifting through laws and filing requirements can be intimidating to the uninitiated. Before you turn in your shared custody agreement, have one of our experienced lawyers review it. We can help you prepare for your custody case in Newfoundland and answer any questions that you may have.
Find out more information about shared custody in PA by reaching out to our legal team today.
