Is equal parenting time always what’s best for the child? It’s a question many parents face during separation or divorce—and while shared custody might sound like an even 50/50 split, that’s not always how courts decide.

At Daniel Ogbeide Law, we understand that child custody battles are emotionally draining, especially when parents expect equal rights but find themselves confronted with a different reality. As experienced family law attorneys, our role is to advocate for arrangements that serve the child’s best interest—because that’s the standard the court is applying. In this blog, we’ll clarify how shared custody is determined, what courts look for, and why a fair outcome isn’t always a 50/50 one.

What Does “Shared Custody” Really Mean?

Shared custody doesn’t automatically mean equal time. It refers to a legal framework where both parents maintain a significant role in the child’s life. However, the split might be 60/40, 70/30, or even alternating weeks depending on multiple factors. Courts are less focused on numerical equality and more on:

• What arrangement best supports the child’s physical, emotional, and developmental needs
• Which parent can provide stability, consistency, and a safe environment
• How well the parents communicate and co-parent effectively

Factors Courts Consider Before Approving a Child Custody Plan

Judges assess each case individually, but some common factors include:

1. Parental availability: Work schedules and commitments matter.
2. Living situation: Is the home environment safe and stable?
3. Child’s age and needs: Younger children often benefit from more structure and continuity.
4. Willingness to cooperate: Courts look favorably on parents who encourage a relationship with the other parent.
5. History of abuse or neglect: Any credible evidence significantly impacts custody decisions.

Communication and Co-Parenting Matter More Than Time-Splits

Courts are especially cautious about assigning shared custody in high-conflict situations. If parents can’t communicate or compromise, it can undermine the child’s well-being. A parent who refuses to cooperate or disparages the other can hurt their own custody position—regardless of how much time they think they deserve.

Thinking 50/50 Means Fair? The Court May Think Otherwise

Are you unsure how a judge will view your situation? Are you considering child custody modification because your current arrangement no longer works? This is where an experienced child custody lawyer becomes essential. At Daniel Ogbeide Law, we work closely with parents to pursue outcomes that make sense for their children—whether you’re negotiating initial custody or requesting changes later. As a trusted child custody attorney in Houston, we take pride in offering knowledgeable guidance, practical solutions, and honest representation.

Call Daniel Ogbeide Law at 832-321-7005 to speak with a Houston child custody attorney who understands what the courts really look for—and how to protect what matters most to you.