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Chances of Father Getting 50/50 Custody


Noah W

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The court will generally consider 50/50 shared care of children in divorce unless there are compelling reasons why it would not be in the best interests of the child. Here are some factors that the court may consider when determining whether 50/50 shared care is appropriate:

  • The child's wishes
    • If the child is old enough to express their wishes, the court will give significant weight to their preference. However, the child's wishes are not the sole determining factor.
  • The child's emotional and developmental needs
    • The court will consider the child's emotional and developmental needs and how they might be affected by the custody arrangement. For example, if the child has special needs or is struggling with emotional issues, the court may determine that a different arrangement would be better for them.
  • The parents' ability to cooperate
    • The court will assess the parents' ability to cooperate and communicate effectively. If the parents have a history of conflict or are unable to put the child's needs first, the court may be less likely to order 50/50 shared care.
  • The distance between the parents' homes
    • If the parents live a significant distance apart, the court may consider whether it would be practical or feasible for the child to travel back and forth between the homes.
  • The child's relationship with each parent
    • The court will consider the child's relationship with each parent and whether there is a significant difference in the quality of those relationships.
  • The child's school and extracurricular activities
    • The court will consider the impact of the custody arrangement on the child's school and extracurricular activities.
  • Safety concerns
    • If there are safety concerns related to one of the parents, such as domestic violence or substance abuse, the court may be less likely to order 50/50 shared care.

Ultimately, the court's decision will be based on what it believes is in the best interests of the child. If you are concerned about the custody arrangement in your divorce, it is important to consult with a family law attorney.

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