Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment to fulfilling his/her parental responsibilities—and when they live in close enough proximity to each other that the kids can attend the same school, associate with the same friends, and engage in the same activities regardless of which parent’s house they may spend the night, equal physical custody is as sensible as it is fair and equitable.
Yet there are some good reasons why equal physical custody would not be awarded, even if there was no question that a parent seeking equal physical custody never abused or neglected his/her children. By way of just a couple of examples, if an otherwise clearly fit and loving parent seeking equal physical custody:
- lived 100 miles from the other parent; and/or
- had a job that required him/her to work out of town frequently or at hours when the children need adult care and supervision,
that would likely make exercising equal physical custody impracticable and unduly burdensome for parents and children alike.
If you are a parent who wants your children to benefit from being reared as much as possible by both parents and who wants to be as involved in your children’s lives as possible without the other parent’s time with the children being reduced or marginalized, you must ensure that you have done everything—everything—in your power to prove you can and will do whatever it takes to make equal physical custody work and work well. This means that you don’t ask your co-parent or the court to make any accommodations to you or your work schedule or show you any other special treatment. While courts are growing more willing to award equal physical child custody, many still consider it unorthodox, deleterious to children, and impractical. Don’t give the court or an antagonistic co-parent any ammunition to use against you. To win an equal physical child custody award you need to convince the court that it will—not may, not likely—work.
Utah Family Law, LC | divorceutah.com | 801-466-9277
