Is 50/50 Custody the Default Now? The States That Presume Equal Parenting Time (2026), What Judges Weigh Instead, and At What Age a Child Gets a Say

50/50 child custody and equal parenting time in the United States, with family law books, a judge's gavel, and a child custody agreement.
Family & Immigration

Is 50/50 Custody the Default Now? The States That Presume Equal Parenting Time (2026), What Judges Weigh Instead, and At What Age a Child Gets a Say

October 21, 2026

Quick answer: 50/50 custody is not automatic nationwide. A handful of states now tell judges to start from equal parenting time, but even there, it’s a starting point that evidence can overcome.

In other states, judges decide based on the child’s best interests, and equal time is possible but not presumed. Some states have narrower rules, such as Arizona’s policy favoring substantial time with both parents, so check yours.

A child’s preference matters more as they get older, but only a few states give a specific age real weight. Georgia, for example, does at 14.

If you’re worried about time with your child, start with what your state’s law actually says, not what a friend or a forum told you.

See your exact parenting-time percentage →

Check your state’s rules →

State laws verified October 21, 2026. Custody law changes often, so check your state’s code or a local attorney.

Parenting Time Calculator

This calculator turns a schedule into overnights per year and a percentage for each parent. Pick a schedule, add any extra holiday or summer overnights, and calculate. Nothing you enter is saved or sent anywhere.

Your result links to the state snapshot below. For how overnights can change support, see How Is Child Support Calculated?

The labels use this guide’s plain-English bands, based on the larger parent’s share of overnights: equal (about 50/50) is up to 53%; near-equal is over 53% up to 60%; shared is over 60% up to 75%; primarily one parent is over 75%. These bands are not legal definitions.

Is 50/50 Custody Automatic?

No. There is no nationwide rule that makes 50/50 custody automatic, and each state sets its own starting point.

States generally fall into three groups. In some, a statute presumes equal time, so the judge starts there and a parent has to present evidence to depart from it. In others, a statute states a policy favoring both parents’ involvement without setting an equal-time starting point. In the rest, the judge weighs the child’s best interests with no starting point at all.

Even where there is a presumption, parents who agree on a different schedule can usually put that agreement in their parenting plan. The presumption matters most when parents disagree and a judge has to decide.

Five states are the ones most often cited as having an equal-time presumption in their statutes by the end of 2023: Kentucky, Arkansas, West Virginia, Florida and Missouri. In 2026, Mississippi and Louisiana changed their statutes too. Counts of “how many states” vary across the internet because the 2026 changes are worded differently and some states have narrower rules, so this guide shows each state’s own wording in Table 1 instead of giving one number.

The States That Presume Equal Parenting Time

Five states have a rebuttable presumption of equal or shared parenting in their statutes (enacted 2018 to 2023), and two more changed their custody statutes in 2026.

Table 1 shows each state’s year, statute, what is presumed, how hard the presumption is to overcome, and where the statute addresses abuse. Rows marked EQUAL-TIME PRESUMPTION are in the statute text; rows marked CHANGED IN 2026 are described from the 2026 acts, with their open questions noted below.

StateYearStatuteWhat’s presumedRebuttal standardAbuse exception
Enacted 2018 to 2023
Kentucky2018KRS 403.270Joint custody and equally shared parenting time is in the child’s best interest. If a deviation is warranted, the court builds a schedule that maximizes each parent’s time, consistent with the child’s welfare.Preponderance of the evidenceKRS 403.315: the presumption does not apply if a domestic violence order has been entered against a party.
Arkansas2021 (Act 604)Ark. Code § 9-13-101Joint custody is in the child’s best interest, in original custody determinations in divorce or paternity matters.Clear and convincing evidence that joint custody is not in the child’s best interest. Other listed routes include a party not requesting custody and the abuse and sex-offender presumptions.Separate rebuttable presumption against custody for a parent with a pattern of domestic abuse (preponderance of the evidence).
West Virginia2022 (SB 463)W. Va. Code § 48-9-102aEqual (50-50) custodial allocation is in the child’s best interest. If rebutted and the parents have not agreed on everything, the court builds a schedule that maximizes each parent’s time, consistent with the child’s welfare.Preponderance of the evidenceNot in § 48-9-102a itself. § 48-9-209 requires the court to consider whether a parent has committed domestic violence and to impose protective limits, and it lists domestic violence among the factors for rebutting the presumption.
Florida2023 (HB 1301, effective July 1, 2023)Fla. Stat. § 61.13(2)(c)Equal time-sharing is in the child’s best interest, unless otherwise provided in the section or agreed by the parties.Preponderance of the evidence; the party opposing equal time-sharing must prove it is not in the child’s best interest.Section 61.13(2)(c) creates a rebuttable presumption that shared responsibility and time-sharing would be detrimental when a parent has been convicted of certain domestic violence crimes. (From a plain-language summary; confirm the subsections.)
Missouri2023 (SB 35, effective Aug. 28, 2023)Mo. Rev. Stat. § 452.375(2)Equal or approximately equal parenting time to each parent is in the child’s best interest.Preponderance of the evidence, weighed with all relevant factors. The parents’ agreement on all custody issues also rebuts it.A pattern of domestic violence can rebut the presumption; the court must make written findings on protecting the child and the victim.
Changed in 2026
Mississippi2026 (HB 1662, effective July 1, 2026)Miss. Code § 93-5-24Per the act’s title and introduced text: joint custody with equally shared parenting time is in the child’s best interest. A court that does not award it must document its reasons unless both parents petition for a deviation.Preponderance of the evidence, per the act’s title. Confirm in the enacted text.§ 93-5-24 has a rebuttable presumption that sole, joint legal or joint physical custody is detrimental for a parent with a history of perpetrating family violence (introduced-bill wording; numbering may differ).
Louisiana2026 (Act 605, HB 1239, effective Aug. 1, 2026)La. R.S. 9:335(A)(2)(b)In the section on joint custody decrees, physical custody shall be shared equally unless the court determines that is not feasible or not in the child’s best interest. Before August 1, 2026, the paragraph said “should.”The amended paragraph states no burden of proof.Not addressed in the amended paragraph. Check Louisiana’s other custody provisions on family violence.
Table 1. Equal-parenting statutes, from statute text and enrolled acts. Verified October 21, 2026. Sources are listed at the end of this guide. Mississippi’s entry rests on the act’s title and the introduced bill text.

Arizona: a policy, not a presumption

Arizona’s A.R.S. § 25-103(B) declares it public policy that, absent evidence to the contrary, a child benefits from substantial, frequent, meaningful and continuing parenting time with both parents and from both parents’ participation in decisions.

That is a policy courts apply, not an equal-time presumption. A 2026 bill that would have created one (SB 1720) passed the Arizona Senate 19–11, but reports indicate it died in the House Judiciary Committee and did not become law. This guide classifies Arizona as BEST INTERESTS ONLY with a policy note.

What changed in 2026

Louisiana: Act 605 amended R.S. 9:335(A)(2)(b), which sits in the section on joint custody decrees. The old paragraph said that, to the extent feasible and in the child’s best interest, physical custody should be shared equally. The new paragraph says physical custody shall be shared equally unless the court determines it is not feasible or not in the child’s best interest. It took effect August 1, 2026.

Mississippi: HB 1662 amended § 93-5-24 and took effect July 1, 2026. Bill trackers list the governor’s approval on April 8, 2026; at least one secondary site describes a different date, and the effective date is the same in the sources. Per the act’s title, it creates the rebuttable presumption described in Table 1 and changes how child support is calculated when parenting time is equally shared.

Two things this guide cannot tell you: whether Mississippi’s presumption reaches modifications of existing orders, and how the new support formula works. Two published summaries say the presumption applies only to initial orders after July 1, 2026, while the act’s title says it applies to “all custody determinations.” Read the enacted § 93-5-24 or ask a Mississippi family-law attorney.

What “Rebuttable” Really Means

A rebuttable presumption is a legal starting point that a parent can overcome with evidence, and how much evidence it takes depends on the state.

The parent who opposes equal time usually carries the burden of showing it is not in the child’s best interest. In Kentucky, West Virginia, Florida and Missouri, the statute sets that burden at a preponderance of the evidence: more likely than not. In Arkansas it is clear and convincing evidence, a higher bar. Mississippi’s act reports a preponderance standard in its title, and Louisiana’s amended paragraph states none. Never assume one national standard.

A presumption is a starting point, not a guarantee.

Equal time can be ordered when a presumption applies, and a different schedule can be ordered when the presumption is rebutted.

Statutes name different grounds for rebuttal. Missouri’s text names the parents’ agreement and a pattern of domestic violence. Arkansas lists clear and convincing evidence, a party not requesting custody, and its abuse and sex-offender presumptions. Beyond those, judges commonly hear evidence about a child’s specific needs, the distance between homes, and each parent’s history of caregiving.

If the presumption is rebutted, the court does not simply switch to sole custody. Kentucky and West Virginia direct the court to build a schedule that maximizes each parent’s time, consistent with the child’s welfare.

How Judges Decide Everywhere Else

Where there is no equal-time presumption, a judge weighs a list of best-interest factors and decides what arrangement serves the child; equal time is one possible outcome.

Factor lists look similar from state to state. Missouri’s statute lists eight: the parents’ wishes and proposed plans; the child’s need for a frequent, continuing and meaningful relationship with both parents; the child’s relationships with parents and siblings; which parent is more likely to allow contact with the other parent; the child’s adjustment to home, school and community; the mental and physical health of everyone involved, including any history of abuse; any plan to relocate; and the child’s own input, free of coercion and manipulation.

Ohio’s R.C. 3109.04(F)(1) lists roughly a dozen factors, including the parents’ wishes, the child’s wishes (if the judge interviewed the child), the child’s relationships and adjustment, everyone’s health, which parent is likely to honor court-approved parenting time, and whether a parent has denied the other’s parenting time. Georgia’s statute says the judge may consider any relevant factor.

The “friendly parent” factor asks which parent will support the child’s bond with the other. Judges also commonly look at stability (school, home, routine) and caregiving history: who has handled daily care, school and medical needs.

In the statutes this guide checked, neither parent gets custody because of sex. Missouri’s statute says a court shall not presume a parent is more qualified solely because of sex. Georgia’s says neither parent has a prima-facie right to custody and that there is no presumption in favor of any particular form of custody.

Your State at a Glance

Choose a state to see what this guide has verified from its statute: the presumption status, citation, rebuttal standard, child-preference rule and abuse note.

Blank fields mean this guide has not verified that item yet, and the card says to check your state’s code. That is deliberate: a blank is more honest than a guess.

StateStatusStatuteChild-preference ruleVerified
AlabamaNot verified in this guide—Check your state’s code—
AlaskaNot verified in this guide—Check your state’s code—
ArizonaBEST INTERESTS ONLYA.R.S. § 25-103(B); § 25-403No fixed age; wishes considered if of suitable age and maturityOctober 21, 2026
ArkansasEQUAL-TIME PRESUMPTIONArk. Code § 9-13-101Check your state’s codeOctober 21, 2026
CaliforniaNot verified in this guide—Check your state’s code—
ColoradoNot verified in this guideC.R.S. § 14-10-124No fixed age; maturity-basedOctober 21, 2026
ConnecticutNot verified in this guideConn. Gen. Stat. §§ 46b-56, 46b-57No fixed age; sufficient age and capacityOctober 21, 2026
DelawareNot verified in this guide—Check your state’s code—
District of ColumbiaNot verified in this guide—Check your state’s code—
FloridaEQUAL-TIME PRESUMPTIONFla. Stat. § 61.13(2)(c)Check your state’s codeOctober 21, 2026
GeorgiaBEST INTERESTS ONLYO.C.G.A. § 19-9-314+: child's selection presumptive; 11-13: considered, not controllingOctober 21, 2026
HawaiiNot verified in this guide—Check your state’s code—
IdahoNot verified in this guide—Check your state’s code—
IllinoisNot verified in this guide—Check your state’s code—
IndianaNot verified in this guide—Check your state’s code—
IowaNot verified in this guide—Check your state’s code—
KansasNot verified in this guide—Check your state’s code—
KentuckyEQUAL-TIME PRESUMPTIONKRS 403.270Check your state’s codeOctober 21, 2026
LouisianaCHANGED IN 2026La. R.S. 9:335(A)(2)(b)Check your state’s codeOctober 21, 2026
MaineNot verified in this guide—Check your state’s code—
MarylandNot verified in this guide—Check your state’s code—
MassachusettsNot verified in this guide—Check your state’s code—
MichiganNot verified in this guide—Check your state’s code—
MinnesotaNot verified in this guide—Check your state’s code—
MississippiCHANGED IN 2026Miss. Code § 93-5-24, as amended by HB 1662Check your state’s codeOctober 21, 2026
MissouriEQUAL-TIME PRESUMPTIONMo. Rev. Stat. § 452.375(2)No fixed age; child's input, free of coercion and manipulation, is one of eight factorsOctober 21, 2026
MontanaNot verified in this guide—Check your state’s code—
NebraskaNot verified in this guide—Check your state’s code—
NevadaNot verified in this guide—Check your state’s code—
New HampshireNot verified in this guide—Check your state’s code—
New JerseyNot verified in this guide—Check your state’s code—
New MexicoNot verified in this guide—Check your state’s code—
New YorkNot verified in this guide—Check your state’s code—
North CarolinaNot verified in this guide—Check your state’s code—
North DakotaNot verified in this guide—Check your state’s code—
OhioNot verified in this guideR.C. 3109.04No fixed age; one factor; interview on a parent's requestOctober 21, 2026
OklahomaNot verified in this guide—Check your state’s code—
OregonNot verified in this guide—Check your state’s code—
PennsylvaniaNot verified in this guide—Check your state’s code—
Rhode IslandNot verified in this guide—Check your state’s code—
South CarolinaNot verified in this guide—Check your state’s code—
South DakotaNot verified in this guide—Check your state’s code—
TennesseeNot verified in this guide—Check your state’s code—
TexasNot verified in this guide—Check your state’s code—
UtahNot verified in this guide—Check your state’s code—
VermontNot verified in this guide—Check your state’s code—
VirginiaNot verified in this guide—Check your state’s code—
WashingtonNot verified in this guide—Check your state’s code—
West VirginiaEQUAL-TIME PRESUMPTIONW. Va. Code § 48-9-102aCheck your state’s codeOctober 21, 2026
WisconsinNot verified in this guide—Check your state’s code—
WyomingNot verified in this guide—Check your state’s code—
Table 2. All-states snapshot. A dash means not yet verified in this guide. Last checked October 21, 2026. Not legal advice.

At What Age Does a Child Get a Say?

A child’s wishes can count in every state this guide checked, but a set age that gives the child real weight is the exception; Georgia, at 14, is the clearest example.

StateRuleStatute
GeorgiaAge 14 or older: the child has the right to select the parent to live with, and the selection is presumptive unless the judge finds that parent is not in the child’s best interest. Ages 11 to 13: the judge considers the child’s desires and educational needs, and the child’s desires are not controlling.O.C.G.A. § 19-9-3(a)(5)–(6)
ArizonaNo fixed age. The court considers the child’s wishes if the child is of suitable age and maturity.A.R.S. § 25-403(A)(4)
ColoradoNo fixed age. The court considers the child’s wishes if the child is sufficiently mature to express reasoned and independent preferences.C.R.S. § 14-10-124(1.5)(a)(II)
ConnecticutNo fixed age. The court considers the child’s wishes if the child is of sufficient age and capable of forming an intelligent preference.Conn. Gen. Stat. §§ 46b-56, 46b-57
OhioNo fixed age. The child’s wishes and concerns are one best-interest factor. If a parent requests it, the court interviews the child in chambers after determining the child’s reasoning ability.R.C. 3109.04(B), (F)(1)
MissouriNo fixed age. The child’s unobstructed input, free of coercion and manipulation, is one of eight factors.Mo. Rev. Stat. § 452.375.2(8)
All other statesNot verified in this guide. Check your state’s code.—
Table 3. Child preference by state, from statute text. Last checked October 21, 2026.

Georgia’s two tiers matter. At 14, the child’s selection carries presumptive weight, though a judge can find the selected parent is not in the child’s best interest. At 11 to 13, the judge must consider the child’s desires but has complete discretion. A selection by a child in that younger range is not, by itself, a material change of circumstances for modifying an order.

Most statutes checked here use maturity, not a birthday. A judge decides whether a child can express a reasoned, independent preference, and even then the child’s wishes are one factor among several.

Children are rarely questioned in open court. Courts commonly hear a child privately, for example in a judge’s interview in chambers, or through a guardian ad litem or an evaluator. In Ohio, a parent can request the interview, and the court must first decide whether the child has enough reasoning ability.

Courts give little weight to a preference a parent coached.

Missouri’s statute asks for a child’s input free of coercion and manipulation, and Colorado’s asks for reasoned and independent preferences. Ohio’s statute bars anyone from obtaining a written or recorded statement from the child about the allocation. Do not ask your child to pick a side, rehearse answers, or sign anything.

How Parenting Time Affects Child Support

In most states parenting time and child support are linked, but equal time does not automatically mean no child support.

Many states adjust the support formula once a parent has a certain share of overnights, and the thresholds and methods differ. This guide shows no state threshold because none is verified here.

Two statutes show why equal time is not a $0 shortcut. Missouri’s says an award of joint custody does not preclude child support, and the court considers its support statute and Supreme Court rules. Arkansas’s says child support under a joint custody order is issued at the court’s discretion, subject to further requirements in the statute.

Mississippi’s 2026 act changes how support is calculated when parenting time is equally shared, but this guide does not describe that formula until you can read it in the enacted text. Use the calculator above to find your overnight count, then see How Is Child Support Calculated? for how those numbers feed into support.

How to Ask for 50/50 — or Oppose It

Whether you want equal time or have concerns about it, the strongest approach is a specific, child-focused parenting plan backed by facts, not complaints.

Start by reading your state’s custody statute and finding out whether it presumes equal time (Table 1) or relies on best interests. That decides who has to prove what.

If you want equal time, propose a workable plan: the schedule, exchanges and transportation, school and work logistics, holidays and summers, communication, and how decisions get made. Show you can run the plan on an ordinary Tuesday.

Document your involvement factually: school pickups, medical appointments, activities, daily routines. Dates and specifics matter more than adjectives.

If you have concerns about equal time, focus on evidence tied to the child’s needs and safety, and on what arrangement would work instead. Courts tend to respond better to a concrete alternative than to a list of grievances.

Try mediation where it is safe to do so. Agreed plans are usually faster and cheaper than contested ones; see How Much Does a Divorce Cost? Mediation may not be appropriate where there is abuse.

Never involve the child in the dispute. Don’t ask them to choose, carry messages, or hear about the case.

Prenuptial agreements generally can’t settle custody in advance, because courts decide custody on the child’s best interests at the time. If you were never married, custody rules can still apply to you, though marriage-based rights may not; see the common-law marriage myth and prenuptial agreement costs and clauses.

Many courts have self-help centers, and legal aid organizations help eligible parents. A family-law attorney can tell you how your county’s judges handle these cases.

Common Schedules That Add Up to 50/50

Four common schedules each give every parent 7 of every 14 overnights, about 182 to 183 a year.

SchedulePatternOvernights per year eachOften suits
2-2-3Two nights with one parent, two with the other, then a three-night block that alternates between the parents each week, so the child never goes more than three nights without seeing each parent.About 182–183 (50%)Younger children who need short gaps; parents who live close and communicate well.
2-2-5-5One parent always has Monday and Tuesday, the other always Wednesday and Thursday, and weekends alternate.About 182–183 (50%)School-age children who benefit from the same weekdays each week.
3-4-4-3In each 14-day cycle: 3 nights with one parent, 4 with the other, 4 with the first, then 3 with the second.About 182–183 (50%)School-age children; fewer exchanges than 2-2-3.
Week on / week offThe child spends seven nights with one parent, then seven with the other.About 182–183 (50%)School-age children and teens; fewest exchanges, but long gaps can be hard on very young children.
Table 4. Common 50/50 schedules. “Often suits” reflects general parenting practice, not a statute; every child differs. Last checked October 21, 2026.
2-2-3: 7 of 14 overnights (50%)

Two nights with one parent, two with the other, then a three-night block that alternates each week. About 182–183 overnights a year each. Often suits younger children who need short gaps and parents who live close.

2-2-5-5: 7 of 14 overnights (50%)

One parent always has Monday–Tuesday, the other Wednesday–Thursday, and weekends alternate. About 182–183 each. Often suits school-age children who like a steady weekday rhythm.

Week on / week off: 7 of 14 overnights (50%)

Seven nights with one parent, then seven with the other. About 182–183 each. Often suits school-age children and teens; long gaps can be hard on very young children.

Every other weekend (Fri–Sun): 2 of 14 overnights (about 14%)

Shown for comparison, not as a 50/50 schedule. About 52 overnights a year for one parent and 313 for the other.

3-4-4-3 also totals 7 of 14 nights. Whatever schedule you choose, look at the practical side: distance between homes, school start times, parents’ work hours, and how well parents can handle exchanges.

Myths, Corrected

Four common beliefs about custody are wrong or incomplete.

“Mom gets custody automatically.” No. Courts no longer presume the mother. Missouri’s statute says a court shall not presume a parent is more qualified solely because of sex, and Georgia’s says neither parent has a prima-facie right to custody.

“A child chooses at 12.” Not as a general rule. Georgia’s selection right begins at 14, with a judge-discretion tier at 11 to 13, and most states checked here use maturity with no fixed age.

“50/50 means no child support.” Not automatically. Support depends on your state’s formula and both parents’ incomes; Missouri’s statute says joint custody does not preclude a support award.

“Joint custody means equal time.” Not necessarily. Missouri defines joint physical custody as significant, but not necessarily equal, periods of time, and Mississippi’s earlier statute used “significant periods of physical custody.” Check the schedule, not just the label.

If Safety Is a Concern

Safety comes first: abuse is addressed in the custody statutes this guide checked, and can overcome an equal-time presumption.

Safety comes first: abuse can overcome any presumption.

The presumption states handle abuse in different ways, and Table 1 shows what was verified for each. In Kentucky, a domestic violence order entered against a party makes the presumption inapplicable. In Missouri, a pattern of domestic violence can rebut it. Arkansas has a separate presumption against custody for a parent with a pattern of domestic abuse. After a family violence finding, a Georgia judge must treat the safety of the child and the victim as primary. In West Virginia, if a parent has committed domestic violence, the court must impose protective limits and cannot allocate custodial responsibility to that parent without written findings that the child and the other parent can be adequately protected.

If you are in immediate danger, call 911. The National Domestic Violence Hotline can talk through safety planning at 1-800-799-7233 (SAFE).

A family-law attorney or domestic violence advocate can explain how to ask for a protective order and how it interacts with a custody case in your state. Keep records, such as dates, messages and photos, in a safe place the other parent cannot reach.

FAQ

These answers summarize the sections above; the statute text controls, and your state may differ.

Is 50/50 custody automatic?

No. There is no nationwide rule. Kentucky, Arkansas, West Virginia, Florida and Missouri presume equal or shared time, Mississippi and Louisiana changed their laws in 2026, and elsewhere judges decide on best interests. Where a presumption applies, evidence can rebut it.

Which states have a 50/50 custody presumption?

Kentucky (2018), Arkansas (2021), West Virginia (2022), Florida (2023) and Missouri (2023) are the five most often cited. Mississippi and Louisiana changed their statutes in 2026; see Table 1 for each state’s wording. Arizona has a policy favoring both parents’ time, not a presumption, and other states may have narrower rules.

What does “rebuttable presumption” mean in custody?

It is a starting point the judge applies unless a parent presents enough evidence to overcome it. The amount of evidence required depends on the state.

How do I rebut a 50/50 presumption?

You present evidence under your state’s standard: preponderance of the evidence in Kentucky, West Virginia, Florida and Missouri, and clear and convincing evidence in Arkansas. Grounds can include abuse, a child’s specific needs, and distance. A family-law attorney can tell you what works locally.

Does mom automatically get custody?

No. Courts no longer presume the mother, and every state decides on the child’s best interests.

Do fathers get 50/50 custody?

Parents are treated alike under the law. In presumption states, either parent can ask for equal time. Elsewhere, equal time depends on the child’s best interests and the evidence.

What’s the difference between joint legal and joint physical custody?

Joint legal custody is shared decision-making. Joint physical custody is time with each parent, and it is not always equal.

What counts as 50/50 — days or overnights?

Equal time is commonly measured in annual overnights, about 182 to 183 each. The statute language quoted in this guide does not set an overnight count, so ask your court how it counts.

At what age can a child choose which parent to live with?

In Georgia, at 14 the child’s selection is presumptive. Most other states checked here have no fixed age and look at maturity. See Table 3.

Can a 12-year-old choose?

Not as a rule. In Georgia, a 12-year-old’s desires are considered but not controlling. In states without a fixed age, a judge weighs the child’s maturity and reasons.

What is Georgia’s rule at 14?

Under O.C.G.A. § 19-9-3(a)(5), a child 14 or older has the right to select the parent to live with, and the selection is presumptive unless the judge finds that parent is not in the child’s best interest.

Does a judge have to listen to a child?

It depends on the state. Georgia’s judge must consider the desires of an 11-to-13-year-old, and Ohio’s court must interview a child on a parent’s request after assessing reasoning ability. Connecticut courts consider the wishes of a child of sufficient age and capacity.

Do you pay child support with 50/50 custody?

Often, yes, though the amount can change. Support depends on your state’s formula and both incomes. See How Is Child Support Calculated?

Can I get 50/50 if we live far apart?

It can be hard. The statutes quoted here do not set a distance rule, but distance is a common reason courts depart from equal time, mainly because of school. Florida’s 2023 law also says a parent moving within 50 miles of the child’s primary residence may count as a substantial change in circumstances.

Does a new equal-custody law change my existing order?

Not automatically in general, and the answer depends on the state. Mississippi’s modification question is unresolved in the sources checked. For Louisiana, nothing in the act’s official digest says it rewrites existing judgments. Ask an attorney before assuming either way.

What did Mississippi change in 2026?

HB 1662 amended § 93-5-24, effective July 1, 2026, to create a rebuttable presumption of joint custody with equally shared parenting time, reported in the act’s title as rebuttable by a preponderance of the evidence. It also provides for calculating support when time is equally shared. Two published summaries say it applies only to initial orders, while the act’s title says “all custody determinations”; this guide has not resolved that or confirmed how the formula works.

What did Louisiana change in 2026?

Act 605 changed “should” to “shall” in La. R.S. 9:335(A)(2)(b), effective August 1, 2026. Physical custody shall be shared equally in a joint custody decree unless the court determines that is not feasible or not in the child’s best interest.

Do I need a lawyer for a custody case?

You are not always required to have one, but custody orders shape years of your child’s life. Many courts have self-help centers, legal aid helps eligible parents, and a family-law attorney can explain your state’s rules.

Sources

Statute text came from these sources, checked October 21, 2026.

Kentucky: KRS 403.270, Kentucky Legislature. West Virginia: W. Va. Code § 48-9-102a, WV Legislature. Florida: HB 1301 (2023) enrolled text, Florida Senate. Missouri: SB 35 (2023) truly agreed text, Missouri Senate. Arkansas: Ark. Code § 9-13-101 (reprint, WomensLaw).

Mississippi: HB 1662 as introduced, Mississippi Legislature (the enrolled text should be read on the Legislature’s bill-status page). Louisiana: Act 605 (HB 1239) enrolled, Louisiana Legislature and résumé digest.

Georgia: O.C.G.A. § 19-9-3 (reprint, Justia). Arizona: A.R.S. § 25-103, Arizona Legislature. Connecticut: Conn. Gen. Stat. § 46b-57 (reprint, WomensLaw). Ohio R.C. 3109.04, Colorado C.R.S. § 14-10-124 and Arizona § 25-403 were checked against reprints and court or bar materials; read the official codes for exact wording.

Last updated:

This guide is general information, not legal advice. Custody law is state-specific and changes often. Statutes were verified on October 21, 2026. Consult a family-law attorney or your court’s self-help center about your situation.

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