How family courts actually function in custody determinations and property division
This is educational information about how family courts generally operate. Laws vary significantly by state and jurisdiction. This does NOT constitute legal advice. Consult a licensed family law attorney in your state for guidance specific to your situation.
Myth: 50/50 is the default
Many believe equal physical custody is presumed or guaranteed.
Myth: Mothers always get custody
Courts favor mothers by default in custody decisions.
Myth: Joint custody = 50/50 time
"Joint custody" automatically means equal physical time.
Myth: Fathers have no chance
Courts are biased against fathers and won't grant them custody.
Reality: "Best interests" determines outcome
Courts use multi-factor tests; no automatic presumptions in most states.
Reality: Primary caregiver matters
Whichever parent was primary caregiver historically often becomes custodial parent.
Reality: Legal ≠ Physical custody
Joint legal (decisions) is common; equal physical (time) is less common (~20-30%).
Reality: Gender-neutral in law
Fathers who were primary caregivers pre-separation often get primary custody.
Joint Legal Custody (decision-making authority) is awarded in 80%+ of cases. Equal Physical Custody (50/50 residential time) occurs in only 20-30% of divorces. Most arrangements designate a "primary residential parent" even with shared legal custody.
All states use some version of the "best interests" standard. While specific factors vary by state, courts commonly consider these elements:
Research shows approximately 80% of divorced parents do not achieve equal residential custody when living in different school districts. Courts heavily weigh school continuity, making the parent residing in the child's current school district more likely to be designated primary residential parent, even with shared legal custody.
AZ, CA, ID, LA, NV, NM, TX, WA, WI
Marital property divided 50/50 by default. Separate property (owned before marriage, inherited, gifted) stays with original owner.
All other states
Division based on "fairness" considering multiple factors. Does NOT mean 50/50. Courts have discretion.
These require specialized valuation:
Require specialized legal orders:
Often overlooked:
Initial Retainer
Upfront deposit required
$5K-$15K
Hourly Rates
Rural → Urban
$350-$750/hr
Total Attorney Fees (Average)
Per party, uncontested → contested
$15K-$100K+
Directly assesses factors courts consider in "best interests" determinations: parental cooperation, care capability, emotional bonds, and relocation risks.
Provides education on attorney costs, legal processes, and downstream financial impact - helping users understand potential legal exposure.
Evaluates ability to cooperate - a key factor in custody determinations and a major cost driver if unresolved.
Provides state-specific child support estimates and attorney cost ranges - educational preparation for legal realities.
Take the comprehensive assessment to evaluate factors courts consider in custody and property decisions.