As a seasoned and medically trained NY divorce attorney and mediator, one common question I receive from parents is "Will I get 50/50 custody?"
The answer is: Possibly, and more often than ever before.
Courts across the country, especially in New York, Brooklyn, Queens, and Long Island are increasingly favoring shared parenting arrangements when it is in the child’s best interests.
In fact, joint custody is now awarded in approximately 51% of cases, the highest percentage ever. Parents today want equal parenting time, and courts are responding.
During a free consultation I tell many parents:
50/50 custody is not automatic.
How you position yourself as a parent can make a significant difference.
In may practice, I, along with my experienced custody team help parents strategically navigate the process. You don’t have to do it alone!
Before determining whether you may receive 50/50 custody, it’s important to understand how courts evaluate custody decisions.
New York courts focus on "The Best Interests of the Child", considering factors such as:
Key Factors Courts Consider
- Parent-child relationship
- Parenting involvement history
- Work schedules and availability
- Stability of each parent’s home
- Mental and emotional health of parents
- Ability to co-parent
- Child’s school and routine stability
- Child’s preference (depending on age)
- Any history of conflict or domestic issues
Courts want to ensure children maintain strong relationships with both parents whenever possible.
This is why shared custody is becoming more common.
Types of 50/50 Custody Arrangements
50/50 custody doesn’t always mean alternating weeks. Some common arrangements include:
Common 50/50 Parenting Schedules
- Alternating weeks
- 2-2-3 schedule
- 3-4-4-3 schedule
- Split weekdays and weekends
- Flexible arrangements for professionals
High-income professionals and busy parents often benefit from customized custody schedules which is something we encourage and carefully create when working with parents.
How to Position Yourself to Get 50/50 Custody
If you’re hoping for shared custody, there are steps you can take right now to strengthen your position. We suggest the following:
1. Be Actively Involved in Your Child’s Life
Courts look closely at:
- School involvement
- Doctor appointments
- Activities and sports
- Homework and routines
The more involved you are, the stronger your case.
2. Show You Can Co-Parent
Judges favor parents who:
- Communicate respectfully
- Avoid conflict in front of children
- Support the child’s relationship with the other parent
Parents who demonstrate maturity and cooperation are more likely to receive shared custody.
3. Create Stability
Courts consider:
- Consistent housing
- School continuity
- Child-friendly home environment
Stability is one of the most important factors in custody decisions.
4. Demonstrate Flexibility
Parents willing to:
- Adjust schedules
- Accommodate work commitments
- Support special needs
Often receive more favorable custody outcomes.
Mediation vs. Litigation: Which Helps You Get 50/50 Custody?
At our law office, both approaches are considered carefully.
Mediation Benefits
- Less conflict
- Faster resolution
- More control over parenting schedule
- Privacy for families
- Better long-term co-parenting relationships
Litigation May Be Necessary When:
- High conflict exists
- Safety concerns arise
- One parent refuses cooperation
- Complex custody disputes occur
We are skilled in mediation and litigation, allowing us to strategically pursue the best outcome for you and your family. We always encourage the best path for the best results!
If you are concerned about custody and have lots of questions, call us.
Parents seeking 50/50 custody often choose us because:
- Extensive experience in complex custody cases
- Focus on child-centered outcomes
- Strategic positioning for custody success
- Skilled negotiators and litigators
- Personalized parenting plan development
- Experience with high-net-worth families
My highly skilled and compassionate team includes:
- Divorce attorneys
- Litigators
- Mediation specialists
- Parenting plan professionals
- Financial experts when needed
Together, we create thoughtful custody strategies designed to protect your children and your future.
We often explain while courts favor shared parenting, 50/50 custody may be more difficult when:
- One parent travels extensively
- Long distance between homes
- High conflict between parents
- Safety concerns
- Child special needs requiring stability
Even in difficult cases, I, along with my team works to prepare and maximize meaningful parenting time.
So, if you're asking: "Will I get 50/50 custody?"
The best next step is speaking with us to learn what’s possible.
We will discuss:
- Your custody goals
- Your parenting strengths
- Strategy for 50/50 custody
- Mediation vs litigation options
Call now to schedule your free and confidential consultation at 212.734.1551
We look forward to helping you and your family.
Warmly,
Lois and The Brenner Divorce Team