Q: Does parental fitness have to be determined first before 50/50 custody can be determined? Is that Due process?
A fundamental right of a parent/father is to have 50/50 shared custody , equal protection under the law,the 14th Amendment.
So for a judge to deny a father 50/50 shared custody,once he has accommodations and a schedule to accommodate his child or children; shouldn't there be a fitness hearing done first as part of due process before a judge can determine what is in the best interest of the child and deny a 50/50 shared plan?
A: Shared custody 50/50 (residential) is something you get only under the right circumstances. The best interests of the children control and that takes into account many things. Shared decision making is something that is granted more often.
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