Guide
How 50/50 Custody Works
The map in prose
Six states carry a classic rebuttable equal-time presumption: Kentucky (KRS 403.270(2), preponderance), Arkansas (clear and convincing evidence to rebut, original determinations only), West Virginia (equal 50-50 custodial allocation), Florida (§61.13(2)(c), time-sharing only, not retroactive), Missouri (parenting time only, not legal custody), and Mississippi (new July 1, 2026). Louisiana stands in its own category: where joint custody is ordered, physical custody shall be shared equally (Act 605, effective August 1, 2026) — the act never uses the word presumption. Arizona is not a presumption state; Texas presumes joint managing conservatorship, which is decision-making, not equal possession; California presumes joint custody only when both parents agree. Everywhere else, the court applies its factors with no starting split. See the full map.
Schedules that add up to half
Equal time is usually run as week-on/week-off, a 2-2-3 rotation (two days, two days, alternating three-day weekends), or 2-2-5-5. Which one fits depends on the child's age, the distance between homes, and school logistics — the factors still decide whether equal time happens at all in a non-presumption state.
Equal time and support
More overnights usually move support, but not the same way everywhere: Florida's adjustment is mandatory at 73 overnights, Illinois's shared-care formula starts at 146 overnights each, California's timeshare is inside the formula itself, and Ohio has no automatic credit — time there is only a deviation factor. Run your state in Door 1 before agreeing to any schedule, because the schedule you accept 'temporarily' prices the order.
Questions
- Is 50/50 custody automatic anywhere?
- It is a starting presumption in the six states named on this page (and Louisiana's shall-share-equally rule inside joint custody). A presumption can be rebutted, and it never replaces the best-interest factors.
- Does 50/50 time mean no child support?
- No. Where incomes differ, support commonly continues at equal time — several formulas reduce it, rarely erase it.
- My state has no presumption. Is equal time off the table?
- No. It means the court starts from its factors instead of from a split. The documentation record is how the factors get proven — see Door 3.
Rules checked October 2026. General information, not legal advice.