50/50 Custody in Maryland – What to Know and FAQs

Many people in Maryland have a difficult time understanding custody arrangements. As Fulton family law attorneys, we often get questions about 50/50 custody and other types of custody arrangements.

Our goal is to help you better understand and obtain the right information to make well-informed decisions regarding your unique circumstances and your child’s best interests. Below, we will answer seven frequently asked questions from new and existing clients about 50/50 child custody in Fulton and other parts of Maryland.

1.     What is 50/50 custody?

50/50 custody is an agreement where parents share equal time with their child(ren). To make this happen, the child will spend the same number of overnights with each parent. Most times, family law courts prefer to issue these types of agreements, but in certain situations, 50/50 agreements might not always be in the best interests of the child.

2.     Who is the primary or custodial parent in a 50/50 custody arrangement?

The parent with whom the children spend a larger share of the time is the primary or custodial parent in the custody arrangement. The child will visit with the non-custodial parent during scheduled times. However, if you have a 50/50 custody arrangement, neither party is the primary custodial parent unless you make a specific designation in your agreement.

3.     If a parent has 50/50 custody, does this mean they do not have to pay child support?

No, if a parent has 50/50 custody, this does not mean that they automatically do not have to pay child support. Instead, the court will determine whether child support is necessary based on the gross income of both parents, alimony received or paid by either parent, child support being paid for other children by either parent, how many nights the child stays with each parent, the costs (medical care, health insurance, school, daycare, etc.) associated with taking care of the child, and more. In Maryland, courts use equations to set child support amounts and are unlikely to stray from the calculations. Even if the parties agree to a lower amount of support than the statute states, the parties would need to show the court why reducing the amount would be in the child’s best interests.

4.     Are there pros and cons to a 50/50 child custody arrangement?

Similar to every other child custody arrangement, there are pros and cons to 50/50 child custody. One of the biggest pros to a 50/50 custody arrangement is that the child gets to have an equal relationship and bond with both parents and their families. Some families find that this offers emotional, psychological, and financial benefits. However, there are potential cons to a 50/50 custody arrangement as well, such as:

• Parents may have a challenging time trying to establish equal schedules with their children.
• The child may have difficulty getting used to or adjusting to constantly going from house to house.
• Parents may not get along, which can cause communication issues and cooperation problems when parenting the child or children.

5.     How can I get 50/50 custody in Fulton, MD?

You must follow certain steps to get 50/50 custody in Maryland. Often, you may:

• Speak with and hire a Fulton child custody lawyer: If you want to increase your chances of getting 50/50 custody, consider speaking with and hiring a Fulton child custody lawyer as soon as possible. They will help you gather the necessary evidence, meet specific deadlines, and develop a strong and convincing case that shows you deserve 50/50 custody of your child.
• File a custody complaint: The custody complaint form is also known as Form CC-DR-004. You must complete and file this custody complaint form to ask the court for 50/50 custody. You need to file this form where you or your child lives.
• Ensure the custody complaint is served: You can choose to have the custody complaint form provided to the other parent by certified mail, sheriff delivery, or process server. However, you must ensure the custody complaint is served and received by your child’s other parent. Then, you have to show the court when and how the other parent was served.
• Attend a conference with the judge or magistrate: Next, you will attend a conference with the judge or magistrate. At this conference, typically, you will schedule future hearings, determine the deadlines, and review what is needed to create a successful parenting plan.
• Create and review the parenting plan: You will begin working with your attorney to create a parenting plan you and your child’s other parent can agree on. This parenting plan explains what days you and the other parent will have with the child, how much child support you or the other parent will pay, which holidays you or the other parent will get the child, and more.
• Go to trial, if necessary: If any disagreements or issues arise that you cannot resolve, your attorney will take your case to trial. Judges usually assess both parents’ situations and determine whether 50/50 child custody is in the child’s best interests. If the decision is that 50/50 child custody is best for the child, the court will also make decisions regarding a schedule for the parents to follow and abide by.

6.     What schedules are available for parents seeking 50/50 custody?

Various types of schedules are available for parents seeking 50/50 custody. Your lawyer will likely discuss different options with you to help you determine which options fit your needs the best. Here are a few of the most ideal options that parents may choose from:

• Alternating weeks with each parent: With this schedule, the child will spend one week with one parent and the next week with the other. This arrangement means the child may be with one parent from Sunday to Saturday one week and then Sunday to Saturday with the other parent the next week.
• 2-2-3: The 2-2-3 plan requires the child to spend two days with each parent and three days with the first parent. Then, the next week, the child will flip schedules and spend two days with each parent and three days with the second parent.
• 5-2-2-5: The 5-2-2-5 plan has the child spending Monday and Tuesday nights with one parent, Wednesday and Thursday nights with the other parent, and then the weekend is defined as Friday-Monday morning, and those weekends flip flop between the parents.
• 3-4-4-3: The child will spend three days with a parent, switch homes for the following four days, then switch for four days with the first parent, followed by three days with the second parent.

Some families, especially with younger children, find the every-other-week schedule too hard on the children and opt for one of the other schedules, which allows for more frequent transfers.

7.     Can I still obtain 50/50 custody even if I was never married to my child’s other parent?

Yes, you can still obtain 50/50 custody even if you were never married to your child’s other parent. You still have rights to the child as long as you have established paternity or are listed on the child’s birth certificate. An experienced attorney can guide you in the right direction to establish paternity and seek 50/50 custody when you are ready.

If you have additional questions or concerns regarding 50/50 custody, please do not hesitate to reach out to a Fulton family law attorney at McCabe Russell, PA, today. Many parents who want to raise their children equally and share responsibilities choose a 50/50 custody arrangement. While this type of arrangement requires a lot of planning, cooperation, and strong dedication, 50/50 custody can benefit you and your child. If you are ready to seek 50/50 custody of your child, call our office or submit our contact form today. We offer no-obligation consultations at our offices in Fulton, Bethesda, Rockville, and Columbia for your convenience.