Equal Custody Laws Are Changing Divorce—Here’s What That Means for Your Family

There are major family law changes underway across America, and they could be coming to a court near you soon. For many years, most states have made custody decisions based on what is in the child’s best interest – even if that means spending little to no time with one parent. Advocates for equal parenting responsibilities are pushing for a new assumption: that children should spend equal time with both parents.

This shift is reshaping how divorces play out, how parents plan their futures, and even whether or not divorce is an option. Learn more about what this means, what advocates and critics have to say, and how it affects kids. For more specific guidance regarding your North Carolina divorce, contact Epperson Law Group, PLLC, today.

How child custody decisions are evolving

Typically, courts decide custody based on the child’s best interest. While this could result in a 50/50 split, nationally, custody outcomes have often resulted in mothers receiving primary custody.

A presumption of equal child custody changes that framework. Under a rebuttable presumption model, the court would begin with an assumption of equal custody, which either parent could rebut by showing that a different arrangement better serves the child’s best interests.

While a handful of states have already enacted a rebuttable presumption of equal custody, North Carolina has not – yet, though shared-parenting bills have been introduced in recent legislative sessions.

Benefits and concerns for families

As with any significant legislative proposal, there are those who are in favor of it and those who oppose it. Looking at both sides can help you better understand how these changes could impact your family’s situation.

Benefits

Parenting roles are changing for the better. Millennial fathers spend three times as much time with their children as fathers in previous generations, but old custody laws and standards may not reflect that. An assumption of a 50/50 time split may make it easier for fathers to remain an active part of their children’s lives without having to jump through hoops to do it.

Research indicates that children benefit from meaningful time with both parents. A law that allows for equal time with both parents, then, may result in happier and more stable children.

An assumption of 50/50 parenting time may also reduce drawn-out custody battles. If parents know that an even split is a likely outcome, they may be less likely to fight for primary custody if they don’t have a good reason to do so.

Drawbacks

Critics of equal custody laws, including local and national domestic violence organizations, are worried about how these proposals could affect child safety in certain situations. They argue that if women are staying in marriages longer, it may not always be because the relationship has improved, but because leaving an abusive spouse can feel riskier when a 50/50 custody arrangement could result in children spending significant time alone with a parent known to be violent.

Others argue that there are no one-size-fits-all solutions in family law. While a 50/50 custody agreement may work for many families, there are those with unequal work schedules, long commutes, or toxic, high-conflict dynamics that can cause stress for children. If courts were required to prioritize an equal time split, children could be left with constantly changing schedules, excessive time with non-parental caretakers if one parent works long hours, or anxiety around handoffs.

Custody in today’s legal climate

While courts often approve agreements that provide both parents with meaningful parenting time, no specific custody arrangement is preferred under North Carolina law. Custody decisions are based on the best interests of the child.

This is why we recommend discussing your options with a divorce lawyer as soon as you decide to leave your spouse. You deserve to know the likely outcomes of your case, how the court is likely to view your custody preferences, and what adjustments you’ll need to make in your daily life. It’s important to be realistic – a custody arrangement that looks good on paper may be completely unworkable in reality. Judges prefer arrangements that account for a child’s education, activities, friendships, and other relationships.

Prepare for your next steps with Epperson Law Group, PLLC

If you’re concerned about how your divorce could affect your time with your child, we’re here to help. Call Epperson Law Group, PLLC today or send us a message online to discuss your concerns in detail. We’re here to help.