Is It Best for the Kids if Parents Equally Share Child Custody?

One of the hardest adjustments for children after divorce is learning to live with one parent instead of both parents at the same time. Children are resilient, but they also feel these changes deeply, and Illinois parents should be sensitive to children’s emotional needs during this transition. For many children, it is beneficial for them when parents share child custody 50-50 instead of one parent having primary custody.

While there are some exceptions, it’s usually best for parents to share custody of their children after a divorce. Even if the parents are no longer together, the children can benefit from continuing to build a relationship with both parents.

Is 50-50 Custody Best for Your Kids?

Many parents seek primary custody because it is an instinctive reaction to the sudden or difficult end of a marriage. A parent may feel that they alone can offer their children the safety and stability needed to navigate these life changes. While these impulses come from a place of love and wanting to protect your child, isolating your child from the other parent (assuming their relationship with that parent is a healthy one) can actually be detrimental.

Divorce and custody determinations are just as stressful for children as they are for parents — and often more so. However, if your child can continue to build strong, supportive relationships with both parents, they will be better equipped to deal with the emotional aftermath of your divorce.

When family courts in Illinois determine child custody arrangements, they are guided by a single principle — the best interests of the child. In the majority of cases, it’s in the child’s best interests to spend approximately equal time with both parents and for both parents to have an equal say in important life decisions.

Potential Challenges With 50-50 Custody

Acting in Your Child’s Best Interests Isn’t Always Simple

In many custody cases, equal custody is the best option — but that doesn’t mean it’s easy. This kind of arrangement can come with logistical challenges:

  • Arranging custody exchanges can be difficult if the parents live far from each other.
  • Coordinating the parents’ and children’s schedules can be a challenge.
  • Transitioning between the parents’ homes can be disruptive to children’s lives.
  • Arranging backup childcare plans in the event of a medical emergency can be a hassle.
  • If the parents don’t have a good relationship, communication can be difficult.

Family lawyers have extensive experience helping parents like you create parenting plans that work for the whole family. Our team can work with you and the other parent to craft a schedule that suits your needs and those of your children.

If you’re going through a divorce, a child custody dispute, or both, you need the guidance of an experienced family law attorney. Call Wolfe & Stec at 630-305-0222 to request a free consultation.

When Is Equal Custody Not the Right Choice?

It’s usually best for the kids if you and the other parent share custody — but only if both parents are equally willing and able to meet the child’s emotional and material needs. The following are some situations where it may be appropriate for you to seek sole custody:

The Other Parent Has Been Abusive to You or the Child

If the other parent has abused your child, it would clearly not be in your child’s best interests for that parent to be significantly involved in their life. If the other parent has been abusive toward you but not toward your child, the way forward isn’t as obvious.

While domestic violence does not automatically mean child abuse will occur, child abuse happens in many households affected by domestic violence. Domestic violence directed toward a parent can also be incredibly detrimental to a child’s well-being.

If you have been victimized by the child’s other parent, it’s worth seeking sole custody. The courts may not always award it, but an experienced family lawyer can help you put together a strong case for why your child would be safer and happier with you as the custodial parent.

The Other Parent Has a Physical or Mental Condition That Makes It Difficult to Care for a Child

Having a mental or physical disability doesn’t automatically make a parent unfit. However, if the other parent’s disability is severe enough that it makes caring for a child impossible, it may be best for you to petition for sole custody.

The Other Parent Has a History of Child Sexual Abuse

If the other parent has sexually abused another child, your child may be at risk. Your attorney can argue that giving you sole custody is essential to protect your child from harm. As long as you can prove the other parent’s abuse, the court would likely give you full custody in this situation.

The Other Parent Has a History of Endangering the Child

Even if the other parent has not been arrested for child endangerment, a lifestyle that could endanger your child may be enough to persuade a judge to give you sole custody. For example, if the other parent abuses alcohol or drugs (and especially if they have had the child in the car while driving under the influence), they may not be able to properly care for the child.

Need Help Navigating Child Custody?

Our Team Is Here to Help

If you believe it’s in your child’s best interests for you to have sole custody, a family law attorney can help you build a case. However, did you know that an attorney can be helpful even if you and the child’s other parent agree on 50-50 custody?

An attorney can help you ensure your parenting plan meets the court’s expectations and that you file all required documents properly. That means your case will be resolved efficiently — and your whole family can start moving toward a brighter future.

Whether you want to pursue 50-50 custody, file for sole custody, or aren’t sure which option is best, you shouldn’t risk navigating a child custody case without legal guidance. Call 630-305-0222 to get in touch with the child custody lawyers at Wolfe & Stec today.

Attorney Natalie Stec

Natalie M. Stec, born and raised in Illinois, and earned her Bachelor of Science from the University of Illinois at Urbana-Champaign. Her practice has been concentrated in significant pre and post decree marital and family law cases; including custody, visitation, support, and paternity matters. She has important criminal defense experience in both misdemeanor and felony cases. She is a very dedicated and passionate litigator. [ Attorney Bio ]