Are Joint Custody and 50/50 Custody the Same Thing

[SuperPop]

When is 50/50 not joint custody?

mmmagique is right, it's going to be hard to make a case for 50/50 right now, BUT, Step-up plans are becoming very common with for young unmarried parents. There seems to be different standard parenting plans for each county in Maryland, i couldn't find one that 'steps up' to 50/50 within Maryland. So here is a good guideline from another state to review.

http://www.azcourts.gov/portals/31/p...guidelines.pdf

If she is willing to give you 6-8 overnight now, i'd start with a schedule like 4-5 in that document till the child is 3 then, Step up to number 11 from the ages of 3-5, step up to number 13 from 6-9yrs old and finally, 14 from 9+....As the child gets older she/he is going to be involved with all kinds of activities over the weekends, everything from organized school activities to Youth sports to play dates to just wanting to hang out with his/her friends, you want more time then just weekends otherwise your parenting time will just be you taxiing the child around and with no 'quality' time available.

[llworking]

When is 50/50 not joint custody?

mmmagique is right, it's going to be hard to make a case for 50/50 right now, BUT, Step-up plans are becoming very common with for young unmarried parents. There seems to be different standard parenting plans for each county in Maryland, i couldn't find one that 'steps up' to 50/50 within Maryland. So here is a good guideline from another state to review.

http://www.azcourts.gov/portals/31/p...guidelines.pdf

If she is willing to give you 6-8 overnight now, i'd start with a schedule like 4-5 in that document till the child is 3 then, Step up to number 11 from the ages of 3-5, step up to number 13 from 6-9yrs old and finally, 14 from 9+....As the child gets older she/he is going to be involved with all kinds of activities over the weekends, everything from organized school activities to Youth sports to play dates to just wanting to hang out with his/her friends, you want more time then just weekends otherwise your parenting time will just be you taxiing the child around and with no 'quality' time available.

Of course, mom has to AGREE to a stepped up plan and/or a judge has to order a stepped up plan against mom's will. And again, mom has status quo at this point so there is no guarantee that a judge would do that.

[SuperPop]

Of course, mom has to AGREE to a stepped up plan and/or a judge has to order a stepped up plan against mom's will. And again, mom has status quo at this point so there is no guarantee that a judge would do that.

I Agree, Mom AND Dad, have to agree to a stepped up plan unless they want the judge to order it.

90%+ of parenting plans are settled in negotiations and never go to trial. That's no new information. BOTH parents have to agree on a parenting plan, not just Mom. Or they go to a judge and both make a case as to why their plan should be ordered by the judge. A step up plan doesn't effect mom's status quo, by starting off with an amount mom wants, it accepts mom's current status quo, it just requests that time increase as the child ages.

Legally, do you think a judge will agree that parenting time should increase as a child ages, or that the same amount of time an 18 month old spends with the non-custodial parent should be what a 14yr old spends with the non-custodial parent?

Our courts are clogged with cases right now and a 'significant change of circumstances' is a hard hurtle to jump. I think the judge will appreciate that dad won't have to keep going back every 3-5 years to request modification of the order. ( I have an 8yr old and have had to go to court 5 times over 6-7 years for modifications that could have been spelled out in the original order with a step up plan. Things the ex agreed with, but still had to be signed off on by a judge.)

[llworking]

90%+ of parenting plans are settled in negotiations and never go to trial. That's no new information. BOTH parents have to agree on a parenting plan, not just Mom. Or they go to a judge and both make a case as to why their plan should be ordered by the judge. A step up plan doesn't effect mom's status quo, by starting off with an amount mom wants, it accepts mom's current status quo, it just requests that time increase as the child ages.

Legally, do you think a judge will agree that parenting time should increase as a child ages, or that the same amount of time an 18 month old spends with the non-custodial parent should be what a 14yr old spends with the non-custodial parent?

Legally, its irrelevant. Judges make decisions on parenting time (when the parents cannot agree themselves) based on what appears to be in the best interest of a particular child, at a particular time. Its possible that for a particular child, that less time with the non-custodial parent could be appropriate at 14, or that no change in parenting time at all could be appropriate at 14. It all depends on the facts of the specific case and the needs of the specific child.

Yes, its true that parenting time for infants and toddlers generally goes into phases as they get older, but once standard visitation is reached (usually at age 3 or sometimes younger) judges are not necessarily inclined to increase parenting time unless parents agree to it.

[SuperPop]

Legally, its irrelevant. Judges make decisions on parenting time (when the parents cannot agree themselves) based on what appears to be in the best interest of a particular child, at a particular time. Its possible that for a particular child, that less time with the non-custodial parent could be appropriate at 14, or that no change in parenting time at all could be appropriate at 14. It all depends on the facts of the specific case and the needs of the specific child.

Can we also say, that 'its possible that stepping up to 50/50 is appropriate at 9'? It all depends on the facts of the specific case and the needs of the specific child.

Why dismiss stepping up to 50/50 as out of the question, if we don't know the facts of the specific case and the needs of the specific child?

Yes, its true that parenting time for infants and toddlers generally goes into phases as they get older, but once standard visitation is reached (usually at age 3 or sometimes younger) judges are not necessarily inclined to increase parenting time unless parents agree to it.

What is the 'Standard visitation' in the OP's county in Maryland? I can't find one. This is why it's so important to establish a step up plan right away, because otherwise you have to show a 'material chance in circumstances' and judges ARE reluctant to make changes once a plan is established and working.

[llworking]

Can we also say, that 'its possible that stepping up to 50/50 is appropriate at 9'? It all depends on the facts of the specific case and the needs of the specific child.

Why dismiss stepping up to 50/50 as out of the question, if we don't know the facts of the specific case and the needs of the specific child?[

What is the 'Standard visitation' in the OP's county in Maryland? I can't find one. This is why it's so important to establish a step up plan right away, because otherwise you have to show a 'material chance in circumstances' and judges ARE reluctant to make changes once a plan is established and working.

Ok...lets try this again.

You are unlikely to find a judge, anywhere in the US, that will ORDER, against one parent's will, a custody plan that makes stepped changes that are more than a couple, maybe three years out. Why? Because a judge has absolutely zero idea what is going to be in the best interest of a particular child 4- 12 or more years out. Judges simply don't do that because its impossible to know. That is why custody is modifiable and never so permanent that a modification cannot be requested.

Judges will usually (but not always) sign off on agreements that parents make that contain provisions like that. A judge might not sign off on something that a judge feels is just going to result in the parents being right back in court a year later...for example.

So, I had two problems with your recommendation. The first problem was that you did not suggest that dad "try" for something like that. You made it sound like all he had to do was ask for it and that is what would happen. The second problem was that I knew a judge would be highly unlikely to order something like that without mom's agreement.

I also think that in general its a totally bad idea for parents to agree on something that maps out changes/steps more than a couple of years out...for the same reasons that judges won't order something like that.

[SuperPop]

So you would suggest the OP try for 50/50 right out of the gate? Or a single step from 3 overnights a week with a dinner(Sunday-Monday-Tuesday, Thursday night dinner maybe) to a 2-2-5-5 schedule?

I have seen judges award 50/50 against the will of a parent, my childs mother and I have 50/50 against my will. 50/50 is actually VERY common in my state and a few others currently. I don't like it for my daughter, but, as you said, each child and case is different.

[llworking]

So you would suggest the OP try for 50/50 right out of the gate? Or a single step from 3 overnights a week with a dinner(Sunday-Monday-Tuesday, Thursday night dinner maybe) to a 2-2-5-5 schedule?

I have seen judges award 50/50 against the will of a parent, my childs mother and I have 50/50 against my will. 50/50 is actually VERY common in my state and a few others currently.

Please do not put words in my mouth. I did not suggestion anything of that nature.

Mom has status quo...and the child is only 18 months old. Dad's not going to get any of those schedules.

Your case is irrelevant to the OP's unless you were the parent with status quo and mom was the ncp who was awarded 50/50 against your will. Even then, your case may not be relevant because the facts and circumstances may be vastly different, and no, 50-50 is not the norm, anywhere.

[SuperPop]

Your case is irrelevant to the OP's unless you were the parent with status quo and mom was the ncp who was awarded 50/50 against your will. Even then, your case may not be relevant because the facts and circumstances may be vastly different, and no, 50-50 is not the norm, anywhere.

My daughters mother and I were unmarried when we went to court, Daughter was 8 months old once Paternity was established, Mother had Status Quo. At first(daughter 13 months) i was awarded two overnights and 1 dinner, then went back when daughter was between 2&3, i was awarded EOW and Tuesday Overnights, Went back again a couple years later, I requested 60/40, we were awarded 50/50, week on/week off.

You're right, my case is irrelevant. It just goes to show my legal experience....do you have ANY legal experience? You're not OhioGAL are you?

Dad can absolutely get ANY of those schedules! It just depends on how hard he is willing to fight.

[Dogmatique]

My daughters mother and I were unmarried when we went to court, Daughter was 8 months old once Paternity was established, Mother had Status Quo. At first(daughter 13 months) i was awarded two overnights and 1 dinner, then went back when daughter was between 2&3, i was awarded EOW and Tuesday Overnights, Went back again a couple years later, I requested 60/40, we were awarded 50/50, week on/week off.

You're right, my case is irrelevant. It just goes to show my legal experience....do you have ANY legal experience? You're not OhioGAL are you?

Dad can absolutely get ANY of those schedules! It just depends on how hard he is willing to fight.

Congrats on confirming who you are.

Folks - this is the same "person" who has made multiple accounts "down the street" and is no more interested in "best interest" than he is "what's good for me and my wallet".