When parents separate or divorce, one of the most difficult questions is how custody and parenting time will be divided—especially when both parents want equal time with their children. At Pearson Butler, we understand how emotional and complex these decisions can be. Our experienced family law attorneys are here to help you understand how courts approach these issues and what factors matter most when determining custody arrangements that work for your family.
Understanding Child Custody: Best Interests of the Child
In any custody dispute, the paramount consideration for the court is the best interests of the child. This isn’t just a legal phrase—it’s a holistic evaluation of a child’s physical, emotional, and developmental needs. While some parents believe that equal time (often referred to as 50/50 custody or shared parenting) automatically serves a child’s best interests, that isn’t always the case under the law.
When judges evaluate custody arrangements, they consider a range of factors, typically including:
- The child’s age and health, including emotional well‑being.
- The nature of each parent’s relationship with the child, including who has been the primary caregiver.
- Each parent’s ability to provide a stable, nurturing environment.
- The child’s routine and school stability, such as proximity to school and extracurricular activities.
- Any history of family violence or harmful behavior by either parent.
The court reviews these factors objectively to decide what schedule will best support the child’s growth and stability.
When Both Parents Want Equal Time
It’s becoming increasingly common for both parents to seek equal time with their children after separation. While courts are open to shared parenting plans, equal time isn’t guaranteed merely because both parties request it. Judges will look closely at whether an equal parenting schedule is practical and truly in the child’s best interest.
Here’s how the process often works:
- Reviewing Each Parent’s Proposal: If both parents submit parenting plans with equal time, the judge will compare how each plan would function in day‑to‑day life, considering school, childcare, work schedules, and consistency.
- Assessing Cooperation Between Parents: Shared custody requires open communication and cooperation. If parents show they can work together consistently for the child’s benefit, the court may view equal time more favorably.
- Observing the Child’s Needs: Sometimes children have specific needs—medical, educational, emotional—that align better with a certain schedule. The court will consider how equal time affects those needs.
- Professional Input or Court Evaluators: In contested cases, the court may appoint a guardian ad litem, child psychologist, or custody evaluator to provide insight into the family dynamics and recommend a plan that serves the child’s best interests.
Importantly, even when equal parenting time is awarded, the details of how that time is divided—such as alternating weeks, 2‑2‑3 schedules, or another pattern—are tailored to the family’s unique circumstances.
Alternatives to Court Decisions
Litigation isn’t the only path to determining custody. Many parents find that mediation or negotiation allows them to craft a parenting plan that both parties can support, without leaving the final decision solely in a judge’s hands. This can reduce conflict, save time, and allow for greater flexibility to adjust the schedule as children grow and family needs change.
An experienced family law attorney can help you negotiate a custody agreement that reflects your priorities while keeping your child’s best interests at the forefront.
Why Legal Guidance Matters
Child custody decisions have long‑lasting impacts on your family’s life. If both parents want equal time, the way you present your case, propose parenting plans, and demonstrate your child‑centered focus can influence the outcome. An attorney who understands the nuances of family law can be an invaluable advocate.
Utah Child Custody Lawyer
At Pearson Butler, our family law team brings deep experience and a compassionate approach to every custody matter. We take the time to understand your family’s goals and help you build a strategy that supports your child’s well‑being while protecting your parental rights.
If you’re navigating a custody dispute—or simply want to understand your options—don’t wait to seek guidance. Contact Pearson Butler at (800) 265-2314 for a confidential consultation, and let us help you move forward with confidence.