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Divorce Myth #5: “The law requires that I get equal timesharing with the my kids!”

Posted on October 9, 2017

This is a very common misconception.  Although the courts lean towards equal timesharing between parents, there is nothing written in the law that requires each parent to have equal timesharing, nor is there a presumption in favor of equal timesharing.

In my view, the court generally starts out believing each parent should have equal time with the children; if a parent disagrees, they will need to explain to the court why equal time is not in the best interest of the children.  Although the law does not dictate that a parent must prove to the court why another parent should not have 50/50, in my experience, this is how the courts usually handle timesharing disputes.

Reasons for a party not getting 50/50 can be the obvious ones, such as abuse, neglect, issues with substance abuse, and the like.    However, courts may give less time to a parent if it is in the child’s best interest due to work hours, travel schedules, or geographic location of parents.

At the end of the day, when it comes to timesharing, you do not want to leave it up to a stranger in a robe to decide when you can see your  children.  It is always best to exhaust all possible settlement options before you decide to walk into a courtroom to have a judge make this important decision for you.

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