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Ed Shaw Law No Nonsense Legal Advice

Local Solutions For Local Problems

50/50 is fair, right?

by | Feb 10, 2022 | Custody, Divorce |

It comes up all the time in custody cases, a parent asks, “why can’t we just be fair, and each have the kids half the time?” In many cases that can work well, but it does not work in all cases and there is no law in this state that assumes people should have equal custody and time with their kids. If you want equal custody and the other parent does not, you will have to fight hard for it. Do not just assume that you will have it for the asking.
The law requires judges to look at many factors in deciding custody, called the best interests standards. In order to get close to equal custody the parents have to be able to work together. If there is a lot of conflict or a history of abuse, it will be more difficult, but is not impossible to get. It does help a lot if the parents live close together; if you and the other parent are a distance apart, especially if you have school age kids, equal parenting time is almost impossible if you are here and your ex is in the cities, (What us Minnesotans call the Twin Cities) the kids have to go to school somewhere, here or there. If you live close together, have a good relationship with the kids, can meet their needs, do not have heavy baggage on your record, and can work with the other parent, you have a decent chance of getting close to equal time.
Remember, judges are required by law to look at what is best for the kids, which may not necessarily be what is best or fair for the parents.


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