When parents start discussing custody arrangements during a divorce or separation, many assume that “joint custody” automatically means their children will spend exactly half their time with each parent. It’s one of the most common misconceptions we encounter, and it can lead to confusion and unrealistic expectations during an already challenging time.

The truth is more nuanced, and understanding the distinction between joint custody and a 50/50 parenting schedule can help you approach your custody case with clearer expectations.

What Does “Joint Custody” Actually Mean?

In both Minnesota and North Dakota, custody is divided into two distinct categories: legal custody and physical custody. In North Dakota, these terms have been updated in the law to “decision-making responsibility” and “residential responsibility.”  Though you won’t find “legal custody” and “physical custody” in ND statutes anymore, they are still common vernacular outside the legal community, and the issues are the same.

Joint legal custody refers to the right of both parents to make major decisions about their child’s life. These decisions include choices about education, healthcare, religious upbringing, and other significant matters.

On the other hand, physical custody determines where your child will primarily live and how parenting time gets divided between households. You can have joint legal custody while one parent has sole physical custody, or you might share both types of custody. The courts recognize that these arrangements can take many different forms depending on what serves your child’s best interests.

Does Joint Custody Guarantee Equal Time With Your Child?

Despite common misconceptions, joint custody, sometimes called shared custody, does not automatically mean your child will spend equal time with both parents. While a 50/50 split is certainly one possible arrangement, it’s just one option among many.

In practice, joint or shared custody arrangements often involve children spending more time with one parent than the other. This might mean a 60/40 split, a weekday/weekend arrangement, or some other schedule that suits your family’s circumstances. The courts understand that true equality isn’t always about splitting days evenly on a calendar.

What Factors Influence the Parenting Schedule?

When judges determine residential responsibility (physical custody) and parenting time (visitation) arrangements, they focus on what will serve your child’s best interests. Several practical considerations come into play, including:

  • Work schedules: Your employment hours and flexibility can affect how much time you can realistically spend with your child. A parent who travels frequently for work might have a different arrangement than one with a more predictable local schedule.
  • Geographic distance: If you and your co-parent live far apart, a 50/50 weekly split might be neither practical nor in your child’s best interest.
  • The child’s age and needs: Younger children may need more consistency and may benefit from having one primary residence, while older children might adapt more easily to moving between two homes.
  • Each parent’s ability to provide care: The court will examine who has historically been involved in day-to-day caregiving and who can best meet your child’s physical, emotional, and developmental needs.
  • The parents’ ability to work together: If one or both parents are unable to effectively communicate or work together, it may influence the type of schedule the court finds appropriate for that child.

Can You Request a 50/50 Schedule?

If you and your co-parent both want a 50/50 parenting arrangement and can demonstrate that it will work well for your child, the courts in both Minnesota and North Dakota will consider this request. Many parents successfully share physical custody equally, especially when they live near each other, maintain cooperative communication, and have similar parenting styles.

However, the court’s primary concern will always be your child’s well-being rather than achieving mathematical equality between parents. If a judge believes that equal time-sharing would disrupt your child’s routine, education, or stability, they may order a different arrangement.

Moving Forward With Realistic Expectations

When planning a custody agreement, the focus should be on creating a practicable arrangement that provides your child with stability and lets them maintain strong relationships with both parents.

At Parvey, Larson, and McLean, PLLC, we’ve spent over 55 combined years helping families throughout North Dakota and Minnesota work through these difficult decisions. If you’re facing custody questions, our lawyers can explain your options and work toward a favorable arrangement. Contact our law firm today for a confidential consultation with a family law attorney.