Any time a couple wishes to end their marriage and pursue a divorce, it can be a difficult time for everyone involved. While the emotional and financial tension can already be overwhelming for some, the burden it puts on couples with a child can be even more stressful. Understandably, all parents going through a divorce want to maintain some kind of relationship with their children. However, that may not always be feasible depending on the circumstances. The primary concern for any court when it comes to divorce cases with children involved is the best interests of the child. While some parents may believe that 50/50 custody is a good compromise to ensure that they both get equal time with their child, most courts ultimately oppose it for a variety of reasons. If you and your spouse are considering getting a divorce, please reach out to a Union County divorce attorney from Ross & Calandrillo, LLC to schedule a consultation.
What are the reasons a court will rule against 50/50 custody in divorce?
Child custody can typically be broken down into either physical custody, legal custody, joint custody, and sole custody. Physical custody determines which parent will be the child’s primary caretaker, as well as which home they will primarily reside in. Legal custody gives a parent the right to make key life choices for their child like education, medical care, and religious instruction. While it is not uncommon for courts to grant joint legal custody, it is far rarer for them to rule in favor of joint physical custody. The main reason for this is because of the many negative effects that 50/50 custody can have on the child’s well-being.
The best interests of the child are always paramount when deciding on custody. However, this does not just apply to their physical well-being, it also accounts for their emotional well-being as well. Having a sense of stability is extremely important for a child’s upbringing, and divorces on their own can already adversely affect that. 50/50 custody can exacerbate that even more so due to the lack of a permanent home for the child. The relationship between the parents can also be a major factor when determining joint physical custody. In order for 50/50 custody to work, it requires healthy and consistent communication between both parents to make sure no issues arise when it comes to scheduling time with the child. If the parents are not particularly amicable with one another, it can be very difficult to make joint physical custody function properly.