Suddenly Wants 50/50 Custody: Will the Court Look at His Past? Artwork

Love Court Off the Record

In the podcast, Love Court Off The Record, we look at specific legal questions regarding all family law matters. From child custody to child support to divorce. We also take a humorous look at divorce. It does make people go crazy!!

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Love Court Off the Record

Suddenly Wants 50/50 Custody: Will the Court Look at His Past?

June 29, 2026 • Anderson Keuscher Brachmann

0:00 | 2:37

“My ex barely saw our kids for the first two years after we split—maybe a few hours here and there. Now that I’ve filed for child support, he’s suddenly asking for 50/50 custody to ‘be more involved.’ Is the court going to take that seriously, or will they look at his past lack of involvement?"

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In this episode of Love Court, divorce attorney Jessica Anderson answers a listener’s question about a situation many parents fear: an ex who showed very little interest in the children for years, but suddenly requests 50/50 custody after child support becomes an issue.

Jessica explains how courts evaluate custody requests and whether a parent’s **history of involvement—or lack of involvement—**matters when determining parenting time. She discusses the factors judges focus on, including the best interests of the children, consistency, caregiving history, stability, and each parent’s willingness to maintain a healthy relationship with the other parent. Jessica also addresses whether courts view custody requests differently when they appear connected to financial motivations like reducing child support.