Is it fair for your co-parent to have more custody of your kids?

There are many points of concern you will have to address in the midst of the divorce process, with child custody being chief among them. As the process continues, it might become apparent that your soon-to-be ex-spouse is going to receive a greater share of custody over your kids compared to you.

It can understandably seem unfair for the court to not split custody rights evenly between parents. By understanding why an uneven split might occur and what you can do to advocate for a different outcome, you can proceed through the custody process from a more informed point of view.

Custody is not always 50/50

The divorce court will ultimately make a custody ruling based on the child’s best interests rather than what is fair or equitable for the parents. For example, a judge might consider your spouse to be a more fitting caretaker if they have greater income and can thus provide greater financial security.

Mediation can help you reach a favorable parenting schedule

While the court will make an impartial ruling based on the child’s best interests, mediation gives you the opportunity to reach a compromise directly with your co-parent outside of court. An unbiased mediator serves to keep discussions civil and urge both parties toward a mutually-beneficial outcome. If you and your co-parent reach an agreement through mediation that does not compromise the child’s well-being, the divorce court will be likely to accept the terms.

Regardless of who has primary custody or a greater share of parenting time, you will always have a say in parental decision-making. Even so, you have every right to use the resources available to you to pursue the outcome that you think is best for your child.