Navigating a child custody case in California can feel overwhelming—especially when you’re trying to do what’s best for your child. Many parents come to us at Scott Mitchell Law with one main goal: to spend equal time with their children. In many cases, a 50/50 custody timeshare is not only possible but encouraged, as long as it serves the child’s best interests.
Here’s what you need to know about how to request and obtain a 50/50 custody order in California, including real-life examples of when courts are likely (or unlikely) to approve such arrangements.
What Does 50/50 Custody Mean in California?
In California, a 50/50 timeshare means that both parents share physical custody equally—each having the child 50% of the time. While it doesn’t have to be a perfectly even split every single week, the goal is to maintain balanced parenting time over the course of the year. This could be alternating weeks, 2-2-3 schedules, or another creative arrangement that fits the family’s lifestyle.
Under California Family Code § 3020, the law emphasizes the importance of “frequent and continuing contact” with both parents after separation or divorce, unless that contact is not in the child’s best interest.
Additionally, Family Code § 3040 outlines how courts should consider custody arrangements. Joint custody, including equal timeshare arrangements, is often preferred when both parents are fit, willing, and able to co-parent cooperatively.
How to Request a 50/50 Custody Timeshare in California
To obtain a 50/50 custody arrangement, you’ll need to demonstrate to the court that such a schedule:
- Is in the child’s best interest
- Provides stability and structure
- Is logistically reasonable based on distance, school, and parent work schedules
- Promotes the emotional well-being of the child
- Encourages cooperation between parents
A well-prepared parenting plan that outlines how you intend to share time and responsibilities is essential. Courts want to see evidence that both parents are committed to supporting their child’s growth, routine, and relationships.
Case Examples: When a 50/50 Custody Order May Be Appropriate
1. Both Parents Live Nearby and Can Cooperate
John and Melissa live in the same school district and both have flexible work schedules. They’ve agreed to alternate weeks and share school drop-offs and extracurricular activities. Because they demonstrate a willingness to cooperate and are located close to one another, the court approves a 50/50 custody plan.
2. Equal Parenting Roles During the Marriage
During their marriage, Carlos and Emily equally shared parenting duties, from meal prep to bedtime routines. After separation, both remain committed and involved. Their history of co-parenting makes the 50/50 arrangement a natural fit, and the court grants joint physical custody.
3. Child Thrives With Both Parents
Maria and Tom may have divorced, but their child has strong bonds with both parents. Neither home presents any safety risks, and both are active in the child’s life. The child’s therapist even supports continued equal time with both parents. The court sees no reason to disrupt this healthy dynamic.
Case Examples: When a 50/50 Custody Order May Not Be Appropriate
1. One Parent Has a History of Substance Abuse
Kevin is trying to rebuild his relationship with his child, but he recently completed rehab and has relapsed in the past. Until he can demonstrate sustained sobriety and stability, the court is unlikely to grant 50/50 custody, focusing instead on the child’s safety.
2. Long Distance Between Parents
Allison lives in Modesto, and her ex-husband moved to Southern California for work. Despite their willingness to co-parent, the distance makes a 50/50 split impractical. The court instead grants primary custody to the parent living near the child’s school and social network.
3. High Conflict Between Parents
Ben and Sarah’s relationship is filled with conflict. Their communication often devolves into shouting matches, even in front of the child. Without a pattern of healthy co-parenting or ability to collaborate, the court opts against a 50/50 plan and instead awards primary custody to the more stable parent.
Should You Pursue 50/50 Custody? Here’s Why It Might Be Worth It
If you’re a parent who is actively involved in your child’s life and capable of maintaining a safe, supportive, and consistent environment, 50/50 custody may be the right path for you. It’s not always easy—but with the right legal guidance and preparation, it’s absolutely possible.
At Scott Mitchell Law, we believe in fighting for what’s best for children—and empowering parents to stay fully involved. Whether you’re filing for custody for the first time or seeking a modification of an existing order, we’re here to help you present the strongest case possible.
Contact Scott Mitchell Law for Custody Help in California
Child custody battles are emotional—but you don’t have to face them alone. At Scott Mitchell Law, we offer compassionate, knowledgeable legal support to parents across California who want to build meaningful futures with their children. Call us today or visit our website to schedule your confidential consultation. Let us help you fight for equal parenting time and protect your role in your child’s life.