In most cases, it’s in children’s best interest to have both parents play a significant role in their lives, even after a divorce or separation. Michigan family courts have increasingly awarded 50/50 custody arrangements, sometimes called “joint physical custody.”
What Is 50/50 Child Custody in Michigan?
50/50 custody arrangements give parents equal physical custody over their children. In other words, the children will spend equal time living with each parent based on a court-approved schedule of custody and parenting time.
It’s important to note that Michigan law differentiates between physical custody and legal custody. Sometimes, both parents in 50/50 custody have equal decision-making power over the children’s education, healthcare, and religious upbringing. Other times, only one parent has this authority.
Popular 50/50 Child Custody Schedules in Michigan
These are a few ways that a court could accommodate equal parenting time under a 50/50 custody schedule:
- Week-On, Week-Off – The children alternate weeks between the parents, with changeovers typically happening on Sunday evenings or Fridays after school.
- 2-2-3 – Over one week, the children spend two days with one parent, two days with the other, and then three days with the first. The pattern reverses the following week.
- 3-4-4-3 – Over two weeks, the children spend three days with one parent, four days with the other, four with the first, and three with the second.
Benefits and Challenges of 50/50 Custody
In 50/50 custody, children can keep strong relationships with both parents. The parents can also share responsibilities equally and better experience the joys of their children’s accomplishments and life milestones.
However, there are still challenges, including the following:
- Emotional Impact on Children – Children must adapt to the stress of frequently going back and forth between homes.
- Locational Difficulties – 50/50 custody won’t work well if the parents live far from each other.
- Communication Issues – The parents in a 50/50 custody arrangement must communicate and coordinate effectively and respectfully with each other.
The court will take these into account when determining which arrangement is in the child’s best interests.
Do You Have to Pay Child Support with 50/50 Custody?
Contrary to popular belief, 50/50 custody does not eliminate a parent’s child support obligations in Michigan. Someone with substantial parenting time based on overnight stays may pay lower child support according to the state formula. However, the court must still consider income disparities between the parents and ensure that the children have the same standard of living across both households.
How to Achieve 50/50 Custody in Michigan
Family courts don’t automatically presume that 50/50 custody is the right option in every custody case. Instead, they must evaluate whether it would be in the best interest of the child based on specific legal factors. Some of these factors include the following:
- Each parent’s capacity to provide for the children
- The parents’ physical/mental health and moral fitness
- The parents’ ability to cooperate with each other and place the children’s needs first
- The children’s schooling, home life, and place in the community
- Stability and permanence of living arrangements
- Love, affection, and emotional ties between the children and parents
- History of domestic violence of any kind
To improve your odds of securing 50/50 custody, your lawyer may follow these strategies:
- Expressing your desire for 50/50 custody from the start
- Proving you are consistently and actively a part of your children’s lives
- Helping you build a comprehensive parenting plan
- Pursuing mediation to resolve custody disagreements out of court
Contact Our Michigan Child Custody Attorneys
The Traverse City child custody attorneys of Alward Fisher can help you assess the 50/50 custody pros and cons in determining whether this would be a viable option for your children. Our full-service team has over a century of combined experience building lasting relationships with clients across Northern Michigan. Contact our office today for a confidential consultation.
