Temporary Custody Hearing

Can Parents Get Equal Custody of Children

Within the last year we have had three cases where we have represented dads who have gotten equal custody of children at a Temporary Hearing.

Just this past week we represented a dad who had been sharing visitation of his 6 year old daughter on an equal basis, but on a hap hazard “whenever mom permitted” schedule.  Mom and dad had never been married or lived together.  Dad was a decent person who loved his daughter dearly, did not have substance abuse or mental health issues, was not a threat of harm to his daughter or her mother,  and simply wanted equal custody of his daughter.  Mom tried to allege that Dad was not as involved with his daughter as he claimed to be.  Virtually without hesitation a judge ordered a shared alternating visitation schedule in increments of 10 consecutive days with each parent.

I have spoken with other attorney’s who are seeing the same trend.  Some judges are doing week on, week off, others 2 days with one parent, 3 days with the other, then alternating weekend’s.  There are endless variations, but it appears that some courts are moving away from the standard “every other weekend” schedule that favored moms who are primary custodians towards equal custody of children.


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