Is there a presumption that custody should be split 50/50 or do courts consider circumstances and the child’s preference (child is 14)? Soon-to-be-ex-husband originally requested parenting time every other weekend, but no agreement was signed due to unrelated reasons. Now he wants 50/50. He has been an extraordinarily uninvolved parent and child does not want 50/50, but he claims that NC courts assume custody should be split evenly.
Judges tend to favor a 50/50 custody arrangement, but it certainly isn’t a foregone conclusion that will be the outcome of your case. Judge’s make their ruling based on the facts and circumstances in each case; if there are factors that would indicate that a 50/50 schedule would not be in the best interest of the child, they will not order a 50/50 split. The court may consider the child’s preference since the child is 14. The older the child, the more likely the jude will find that child’s testimony credible.