Many parents ask whether California courts favor 50/50 custody. The short answer is that there is no legal presumption of equal parenting time in California.
At the same time, in practice—particularly in Riverside and San Bernardino County—there has been a noticeable trend toward shared or near-equal parenting arrangements under the right circumstances.
Understanding how courts actually evaluate these cases is important because many parents either assume equal custody is automatic or believe it is impossible. Neither is true.
California law requires courts to make custody decisions based on the best interest of the child (Fam. Code § 3011).
The law also favors: “frequent and continuing contact” with both parents (Fam. Code § 3020)
However, there is no requirement that parenting time be divided equally.
The court is still required to determine:
From a practical standpoint, many judicial officers in Riverside and San Bernardino County are increasingly open to shared parenting arrangements where:
In those situations, the court often begins asking:
👉 “Why shouldn’t parenting time be shared?”
This is not a formal legal presumption. It is more of a practical trend in how courts evaluate modern parenting arrangements.
One of the biggest factors in 50/50 custody cases is:
👉 distance between the parents’ homes
Where parents:
courts are much more likely to consider equal or near-equal parenting schedules.
When parents live farther apart, the logistics become more difficult. Courts then have to consider:
The more disruptive the schedule becomes, the less likely the court is to order equal parenting time.
Even with the trend toward shared parenting time, the court still starts with:
👉 what has actually been happening
If:
the court may move more cautiously.
Judges are generally reluctant to abruptly change an established routine without a clear reason.
Courts look closely at:
A parent who has maintained:
is generally in a stronger position to seek expanded or equal parenting time than a parent whose involvement has been limited or sporadic.
The trend toward shared parenting time changes quickly where there are:
Where detriment is established, courts may:
The child’s safety always overrides any trend toward equal parenting.
The court is also evaluating:
👉 who is actually available to care for the child
This includes:
A proposed 50/50 schedule must be:
👉 realistic and workable
Courts are not looking for theoretical parenting plans. They are looking for arrangements that can function consistently in real life.
In Riverside and San Bernardino County, most custody cases go through:
👉 Child Custody Recommending Counseling (CCRC)
The counselor evaluates:
Because these are recommending counties, the CCRC counselor provides a recommendation to the court, which often carries substantial weight.
Preparation for CCRC is often just as important as preparation for the hearing itself.
Another common misunderstanding is that equal custody always means:
👉 exact equal time
In practice, courts often create arrangements that are:
The goal is not mathematical perfection. The goal is:
👉 a stable and workable arrangement that serves the child’s best interest.
In practice, judges in Riverside and San Bernardino County are evaluating:
The question is not:
👉 “Should custody automatically be equal?”
The question is:
👉 “Is shared parenting time workable, safe, and beneficial for this child under these circumstances?”
Custody cases involving shared parenting time and 50/50 custody are highly fact-specific and often depend on:
If you are seeking:
it is important to understand how courts in Riverside and San Bernardino County actually evaluate these issues.
The Law Offices of Edgar & Dow bring years—and decades—of experience handling complex and high-conflict child custody cases, including matters involving shared parenting schedules, custody modifications, and co-parenting disputes.
Contact our office to schedule a consultation and discuss your situation.
No. California does not have a legal presumption of equal parenting time. Courts decide custody based on the child’s best interest.
In practice, courts are increasingly open to shared parenting arrangements where the parents live close to each other, there are no detriment issues, and both parents have historically been involved.
Yes. Courts consider how close the parents live to each other and whether a shared parenting schedule is practical for school, transportation, and the child’s routine.
Possibly, but courts often move gradually. A parent with limited prior involvement may need to rebuild the relationship through a step-up parenting plan.
Domestic violence, substance abuse, significant mental health concerns, long-distance living arrangements, or severe instability may prevent equal parenting time.
Very important. In Riverside and San Bernardino County, CCRC counselors make recommendations to the court regarding custody and parenting time, and those recommendations often carry significant weight.
No. Courts often structure parenting plans that are close to equal but adjusted around school schedules, work schedules, and practical realities.
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