Why Would A Judge Not Grant 50/50 Custody?

With 50/50 physical custody, each parent spends an equal amount of time with the child. Since this arrangement requires a lot of cooperation between parents,

judges won't approve it unless

they believe it will work and is in the child's best interest.

Do courts always give 50/50 custody?

Dads are not automatically entitled 50-50 custody

, or any custody order for that matter. Likewise, there is nothing in the family code that automatically grants custody to fathers solely on the basis that they are the dad. The standard the court uses during a divorce is the best interest of the child.

Why would a judge give 50/50 custody?

Shared Parenting

This means that

if your circumstances permit

, you could have a chance of at least 50% time with your child. The court also prioritises protecting children from physical or psychological harm. This means protecting children from being subjected to, or exposed to, abuse, neglect or family violence.

What do judges look at when deciding custody?

Family Law, Best interests – Primary considerations for child custody: …

the benefit to the child of having a meaningful relationship with both of the child's parents

; and. the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

Will court grant shared custody?

The

courts will

therefore look to promote shared custody arrangements. The courts are only likely to award full legal custody where the child's welfare will be affected if the other parent stays involved with the child.

Who gets child benefit in joint custody?

The government has created a ‘no splitting' approach to the benefit in shared custody arrangements. This means

only one parent can claim for each child

, and both parents are not able to claim for the same children.

How often do courts grant 50/50 custody?

In recent years, joint physical custody (also called shared physical custody) has become popular because it allows both parents to have substantial involvement in their child's life.

Who is more likely to win a custody battle?

Fortunately, that bias is fading away, and even though most courts would prefer parents to share custody these days,

more fathers

win child custody battles than at any other time.

How a father can lose a custody battle?

The top 4 reasons fathers lose custody include

child abuse or neglect, substance abuse

, exposing the children to overnight guests, or not following the right of first refusal agreement. Child abuse is the number one reason that a parent loses custody of their children.

Do I have the right to know who my child is around?

Each parent is entitled to know where the children are during visitations

. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there. … Parents should tell each other their current addresses and home and work phone numbers.

What can be used against you in a custody battle?

The bottom line is that

anything you say to anyone can be used against you

in a custody battle, and it can portray you in a bad light in the eyes of the court. Someone you confide in may not intentionally repeat what you said, but they could be subpoenaed to testify in court or at a deposition.

What makes a mother unfit in the eyes of the court?

Factors that can lead a court to deem a parent unfit include:

Instances of abuse or neglect

; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or.

How do I prove I am a better parent in court?

1. Birth Certificate.
2. Social Security Card.
3. Academic Transcripts.
4. Behavioral Reports.
5. Awards and Certifications.
6. Health Records.

What is reasonable father access?

It is usually in the best interests of the child to have contact with both parents. The law provides that father's should have “reasonable access” to their children. However,

there is no set guidelines for reasonable access for father

.

Does the mother always win custody?

In a divorce,

the mother wins custody of the child most of the time, but not always

. Several factors come into play when courts make custody decisions. They consider which spouse is the primary caregiver and the relationship a child has developed with both parents.

What is a good joint custody schedule?

In a 2-2-3 parenting schedule, children

spend two nights with Parent A, two nights with parent B, and then three nights with Parent A

. … This schedule can be ideal for families with young children because it allows for more frequent contact between parents and their children.