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The Daily Insight

Why would a judge grant 50/50 custody?

Author

Ava Robinson

Published May 17, 2026

There is no set age for when a father will be able to obtain a 50 50 arrangement with his child. This is because most judges believe that a child should spend more time with the child’s primary carer when the child is between 0 to 5 years of age.

Do judges always give 50/50 custody?

Custody was abolished in 1989 under the Children Act and now there is no such thing. If you make a court application for 50-50 care, the judge or magistrate would look at what was best for the children . This doesn’t necessarily accord with what either of the parents want.

What do judges look for in child custody cases UK?

The child’s emotional, physical and educational needs will be considered and how any changes in their circumstances will affect the child. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child’s needs.

Who gets tax credits when joint custody is in place?

This means you have legal custody and the child’s day-to-day welfare is your responsibility. The government has stipulated a ‘no splitting’ approach to tax credits in shared custody arrangements. This means only one person can claim for each child, and both parents cannot claim for the same children.

What does it mean to have 50 / 50 custody?

Definitions 50/50 custody means a child spends equal amounts of time in the care of each parent. Joint physical custody is where each co-parent has at least 35% care time. 50/50 custody is a form of joint physical custody, along with similar arrangements such as 60/40.

Which is the best custody plan for a child?

The consensus seems to be that a gradual “step-up” plan is best. Frequent overnights in young children causes insecurity. Interestingly, a 60/40 custody schedule is highly rated for a child aged 1 to 3. And 50/50 schedules are popular for school-aged children.

Are there any negative effects of joint custody?

Another criticism of joint custody is that regularly moving between homes has negative effects on children (and not just babies or toddlers). The concern is that children may be confused, tired and even anxious from all the activity and change.

Why did I not file for full custody?

Not filing for and getting full custody when we went through the initial divorce process all those years ago. Having been separated for over a year before even meeting with a lawyer, time allowed for conflict between my husband and me to cool down.