Crystal Wright | January 31, 2025 | Family Law
“50-50 custody” is a form of joint physical child custody where the child spends an equal amount of time with each parent. A child might spend two days with parent 1, two days with parent 2, and three days per week with either parent on alternate weeks, for example. Until recently, Georgia courts disfavored joint physical custody. Recently, however, courts have taken a more favorable view of this arrangement.
Types of Child Custody
Georgia recognizes several different types of child custody. To an extent, these types of custody can be combined. They include:
Sole Custody
Absolute sole custody means one parent, the “custodial parent,” enjoys the right to make all major decisions concerning the child’s lifestyle (legal custody), and the child lives primarily with the custodial parent. Sole custodianship is not necessarily absolute. however.
Georgia courts disfavor arrangements where one parent enjoys both sole legal and sole physical custody of a child. A parent might be the child’s sole legal custodian, for example, but share physical custody with the other parent. Exceptions exist, of course, such as when one parent has a history of domestic violence or substance abuse.
Joint Custody
Joint custody means the parents share some form of custody of the child (legal, physical, or both). Both legal custody and physical custody can be sole or joint. That means a parent might enjoy sole physical custody of their child but have to settle for joint legal custody with the other parent. Joint custody doesn’t necessarily mean a 50-50 split; it just means that both parents enjoy some of the benefits of custody (legal or physical).
Legal Custody
Legal custody means the ability to make decisions about the child’s health, education, and welfare. It includes the ability to decide the child’s:
- Religious education and practices
- Education
- Healthcare
- Extracurricular activities
This is far from an exhaustive list. It also includes decisions about whether to apply for a passport for the child, the child’s hairstyle, and a host of relatively minor matters.
Joint legal custody of a child can create problems when the parents disagree. For this reason, even in joint legal custody situations, the court will allow one ‘custodial’ parent to break a deadlock–-but only after thoroughly discussing the matter with the other parent and listening to their views. Sole legal custody is more common than sole physical custody.
Physical Custody
Physical custody refers to the child’s actual living arrangements. Even a parent with sole physical custody, for example, must usually cede some visitation rights to the other parent. The sole custodian, for example, might keep the child five nights a week while the other parent keeps the child on weekends. In a joint physical custody arrangement, however, the parents share the child’s physical presence more equally.
50-50 custody
50-50 custody is the ultimate form of joint physical custody. Although joint physical custody arrangements are more “equal” than sole custody arrangements, 50-50 custody represents the ultimate attempt to equalize each parent’s relationship with the child. Georgia courts will not authorize a 50-50 custody arrangement unless it is in the child’s best interests.
Court Considerations Involved in a 50-50 Custody Arrangement
Below are some examples of possible factors that increase the likelihood that a court will consent to a 50-50 custody arrangement:
- The parents communicate and cooperate well without animosity
- The parents live close to each other
- Both parents are more or less equally involved in the child’s life
- If the parents are divorced, the divorce was uncontested
- There is no evidence of parental alienation
- Both parents can provide the child with a stable home life
- There has been no history of neglect or domestic violence by either parent
- The parents have presented the court with a well-considered parenting plan
Other factors might go into a 50-50 custody decision, depending on the judge and the circumstances.
Contact a Lawrenceville, Georgia, Family Lawyer
Your clearest path through the child custody maze is to contact an experienced family lawyer in Lawrenceville, Georgia. Crystal Wright Law, LLC serves Atlanta with the personal attention of a small firm and the resources and experience of a large firm. The sooner you involve a family lawyer, the better your outcome is likely to be. Contact our legal team to schedule a consultation and learn more.
We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm:
Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134
