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The Daily Insight

Can parents have equal custody?

Author

Emma Jordan

Published Feb 11, 2026

A judge can order parents to share physical custody, called, “joint physical custody”. In a joint physical custody arrangement parents will both spend substantial, but not necessarily equal, time with their kids.

Can a father request 50 percent custody?

Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.

Can a parent lose custody for not co parenting?

Poor Co-Parenting As to whether bad co-parenting or a refusal to co-parent is enough for a father to lose custody depends on whether the inability to co-parent is a detriment to what is in the best interest of the child. This would include the child’s health, education, safety, or welfare.

What does it mean when both parents have custody?

Joint physical custody, or shared parenting, means that the child lives with both parents for equal or approximately equal amounts of time. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule, also known as a parenting plan or parenting schedule.

Why would a mom lose custody?

A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.

Can a court determine who gets custody of a child?

Contrary to what you may think, the court does not prefer to determine who gets custody of a child. If possible, the court prefers that parents work together to determine custody and parenting plans between themselves, either directly or with the help of a third-party mediator or arbitrator.

How can parents work together to get custody of a child?

If possible, the court prefers that parents work together to determine custody and parenting plans between themselves, either directly or with the help of a third-party mediator or arbitrator. After all, who knows what is in the best interests of a child better than his or her parents?

Is it possible to get joint custody of a child?

Direct negotiations can work out well if the relationship between separating parents is reasonably amicable, and if they are filing for joint custody. The parents must be willing to do some of the legwork with the court (such as submitting filing fees, setting court dates, etc.) on their own.

Why is it important to negotiate child custody?

Negotiating child custody directly allows you and your ex equal say in how you want to raise your children. If the court must step in and make custody decisions, the overriding consideration will always be what is in the child’s best interests. Some factors that the court considers: