What is Shared Custody? A Parent's Guide

If you're navigating a custody arrangement, you've probably heard the term "shared custody" thrown around. But what does it actually mean? And more importantly, why do the specific numbers matter so much?

Let's break it down in plain terms.

Shared Custody vs. 50/50: They're Not the Same

Here's something that surprises many parents: shared custody and 50/50 custody aren't always the same thing.

When most people say "50/50," they mean an equal time split—each parent has the child roughly half the time. That's a specific type of shared custody.

But legally, "shared custody" often has a very specific definition based on overnight counts. And that threshold varies by state.

How Overnight Thresholds Work

Most states use overnight counts to determine custody classification. Why overnights? Because they're easy to count and verify—either the child slept at your house or they didn't.

Here's how a few states define shared custody:

The variation is significant. In Maryland, you need 92 overnights (about 25% of the year) for shared custody. In New Jersey, it's 104 overnights (about 28%).

Common Shared Custody Schedules

If you're aiming for shared custody, here are the most popular schedule patterns that typically qualify:

2-2-3 Schedule

The child alternates: 2 days with Parent A, 2 days with Parent B, then 3 days with Parent A. The pattern flips each week. This results in 182-183 overnights per parent annually—a true 50/50 split.

Learn more about the 2-2-3 schedule →

Week-On-Week-Off

The simplest 50/50 arrangement. The child spends one full week with each parent, alternating. Also results in 182-183 overnights per parent.

Learn more about week-on-week-off →

2-2-5-5 Schedule

Similar to 2-2-3 but with longer stretches. Each parent has the child for 2 consecutive days, then 5 consecutive days, rotating. Still achieves 182-183 overnights per parent.

These schedules work well for parents who live relatively close to each other and want to maintain equal involvement.

What About Schedules Below 50/50?

Not every family can do 50/50, and that's okay. Some common arrangements that may or may not meet shared custody thresholds:

• Every other weekend + one weeknight: ~85-100 overnights (may or may not qualify depending on state)
• Every other weekend only: ~52 overnights (typically does not qualify as shared)
• Extended summer with non-custodial parent: Can push totals above thresholds

The key is knowing your state's threshold and calculating your actual overnights.

Frequently Asked Questions

How many overnights is 50/50 custody? A true 50/50 split is 182-183 overnights per parent per year. However, "shared custody" thresholds are often lower (92 in Maryland, 104 in New Jersey).

Does shared custody mean no child support? No. Shared custody changes how child support is calculated, but it doesn't eliminate it. The higher-earning parent typically still pays support, just calculated differently.

Can we have shared custody if we live far apart? Technically yes, but practically it's difficult. Most shared custody schedules require frequent exchanges, which works best when parents live close together.

What if we're exactly at the threshold? Document everything. If you're at 92 overnights in Maryland, make sure you can prove it. Keep records of actual overnights, not just the scheduled ones.

See Your Numbers

The best way to understand your custody arrangement is to see the actual overnight count. Our free calculator shows you exactly where you stand.