Last verified October 6, 2026 · Updated monthly · News and general information, not legal advice.
Shared parenting laws by state now fall into five groups. As of October 2026, seven states start custody cases with a presumption of equal (50/50) parenting time: Arkansas, Florida, Kentucky, Louisiana, Mississippi, Missouri and West Virginia. Nine more states and Washington, D.C. presume joint custody without promising equal time, and the rest leave the split to a judge’s best-interest analysis.
This tracker shows the custody starting point in all 50 states and D.C., links the statute behind each one, and lists the 2025 and 2026 bills that passed, stalled or died. It is built for fathers who want to know where they stand before they walk into court.
Shared parenting laws at a glance
- 7 states presume equal or approximately equal parenting time.
- 9 states and D.C. presume joint custody, usually joint legal custody, without an equal-time rule.
- 16 states have a written policy favoring contact with both parents, but no formal presumption.
- 7 states presume joint custody only when both parents agree to it.
- 11 states decide on the child’s best interests alone, with no presumption or preference.
Which states have a 50/50 custody presumption?
These seven states write a rebuttable presumption of equal or approximately equal parenting time into their custody statutes. A September 2026 Stateline analysis counts the same seven.
- Arkansas: presumption since 2021 for initial custody decisions; rebutted by clear and convincing evidence (Ark. Code § 9-13-101 (2021))
- Florida: presumption since July 1, 2023 (Fla. Stat. § 61.13(2)(c)1.)
- Kentucky: the first state, in 2018; domestic violence carve-outs added in 2026 (KRS 403.270(2))
- Louisiana: physical custody shall be shared equally under joint custody since Aug. 1, 2026 (La. R.S. 9:335 (Act 605 of 2026))
- Mississippi: presumption for first custody orders entered after July 1, 2026 (Miss. Code § 93-5-24 (HB 1662, 2026))
- Missouri: presumption since Aug. 28, 2023 (RSMo § 452.375.2)
- West Virginia: 50-50 presumption since 2022 (W. Va. Code § 48-9-102a)
Every one of these presumptions can be rebutted with evidence, and each carves out cases involving domestic violence. A presumption sets the starting point. It does not decide the case.
What the categories mean
- Equal-time presumption: the law presumes that equal or approximately equal parenting time is in the child’s best interest. The parent who wants less than equal time must overcome it.
- Joint custody presumption: the law presumes joint custody, most often joint legal custody (shared decision-making), but does not require equal time.
- Shared-parenting policy, no presumption: the statute states a policy favoring frequent contact with both parents or shared child-rearing, but a judge starts from a blank slate.
- Joint custody presumed only if parents agree: the presumption applies only when both parents ask for or agree to joint custody.
- Best interests only: the court weighs best-interest factors with no presumption or preference.
Legal vs. physical custody: legal custody is the right to make major decisions about school, health care and religion. Physical custody, often called parenting time, is where the child lives. Many states presume joint legal custody while leaving time to the judge.
Shared parenting laws in all 50 states and D.C.
Tap a statute to read the law itself. Where an official state site blocked our tools, we link the copy we verified.
| State | Starting point | What the law says | Statute |
|---|---|---|---|
| Alabama | Joint custody presumed only if parents agree | No general presumption. Courts must consider joint custody, and it is presumed best only when both parents request it. | Ala. Code § 30-3-152 |
| Alaska | Best interests only | Custody is decided on best-interest factors with no preference for either parent. Shared custody is optional. | AS 25.20.060; 25.24.150 |
| Arizona | Shared-parenting policy, no presumption | No statutory equal-time presumption. Consistent with the child’s best interests, the court must adopt a plan with shared decision-making that maximizes each parent’s time, which does not necessarily mean equal time. The Court of Appeals has called equal or near-equal time best ‘as a general rule’ but not required. | A.R.S. §§ 25-103(B), 25-403.02(B), (E) |
| Arkansas | Equal-time presumption | Joint custody, defined as an approximately equal division of time, is presumed in initial custody decisions. Rebutted only by clear and convincing evidence. | Ark. Code § 9-13-101 (2021) |
| California | Joint custody presumed only if parents agree | No preference or presumption for or against joint or sole custody. Joint custody is presumed only when the parents agree. State policy favors frequent and continuing contact, but the child’s safety comes first when the two conflict. | Cal. Fam. Code §§ 3020, 3040, 3080 |
| Colorado | Shared-parenting policy, no presumption | A legislative declaration encourages frequent and continuing contact with both parents. No presumption of joint or equal time. | C.R.S. § 14-10-124 |
| Connecticut | Joint custody presumed only if parents agree | Joint custody is presumed only when the parents agree. Otherwise best-interest factors apply. | Conn. Gen. Stat. § 46b-56a |
| Delaware | Shared-parenting policy, no presumption | No presumption, but the court must set a schedule that encourages frequent and meaningful contact with both parents. | 13 Del. C. § 728 |
| District of Columbia | Joint custody presumption | Joint custody is presumed to be in the child’s best interest. No equal-time rule. | D.C. Code § 16-914 |
| Florida | Equal-time presumption | Unless the parents agree or the statute provides otherwise, equal time-sharing is presumed to be in the child’s best interests, rebuttable by a preponderance of the evidence (since July 1, 2023). | Fla. Stat. § 61.13(2)(c)1. |
| Georgia | Shared-parenting policy, no presumption | No presumption favors any form of custody or either parent. State policy encourages continuing contact with parents and grandparents who have shown they can act in the child’s best interest. | O.C.G.A. § 19-9-3(a)(1), (d) |
| Hawaii | Best interests only | Custody goes to either or both parents by best interests. Joint custody is discretionary, with no presumption. | HRS § 571-46 |
| Idaho | Joint custody presumption | Joint custody, legal and physical, is presumed to be in the child’s best interests. Time does not have to be exactly equal. | Idaho Code § 32-717B |
| Illinois | Shared-parenting policy, no presumption | Decision-making and parenting time are allocated by best interests, and the law’s stated purposes favor frequent contact with both parents. No joint or equal-time presumption. | 750 ILCS 5/602.7; 5/102 |
| Indiana | Best interests only | No presumption favoring either parent. Joint legal custody may be awarded if it is in the child’s best interest. | IC 31-17-2-8, -13, -15 |
| Iowa | Joint custody presumption | Legal custody only: on request, joint legal custody can be denied only on clear and convincing evidence. Joint physical care is not presumed. | Iowa Code § 598.41 |
| Kansas | Shared-parenting policy, no presumption | Joint legal custody is listed first in order of preference. No preference for shared residency or equal time. | K.S.A. 23-3206 |
| Kentucky | Equal-time presumption | Joint custody and equally shared parenting time are presumed to be in the child’s best interests (since 2018). A 2026 law added domestic violence carve-outs. | KRS 403.270(2) |
| Louisiana | Equal-time presumption | Joint custody is the default, and since Aug. 1, 2026 physical custody shall be shared equally unless that is not feasible or not in the child’s best interest. | La. R.S. 9:335 (Act 605 of 2026) |
| Maine | Shared-parenting policy, no presumption | Public policy assures children frequent and continuing contact with both parents. Contested cases carry no presumption. | 19-A M.R.S. § 1653 |
| Maryland | Best interests only | No presumption, and neither parent has a superior right. Best-interest factors were written into law effective Oct. 1, 2025. | Md. Fam. Law §§ 9-201, 5-203 |
| Massachusetts | Shared-parenting policy, no presumption | Parents automatically share temporary legal custody during a divorce case, absent abuse or neglect. No presumption at final judgment. | M.G.L. c. 208, § 31 |
| Michigan | Joint custody presumed only if parents agree | If parents agree on joint custody, the court must award it unless clear and convincing evidence shows otherwise. An equal-time bill (HB 5211) is pending. | MCL 722.26a |
| Minnesota | Joint custody presumption | Legal custody only: on request, joint legal custody is presumed. A separate presumption gives a child at least 25% of parenting time with each parent. | Minn. Stat. §§ 518.17, 518.175 |
| Mississippi | Equal-time presumption | For first custody orders after July 1, 2026, joint custody with equally shared parenting time is presumed, rebuttable by a preponderance of the evidence. | Miss. Code § 93-5-24 (HB 1662, 2026) |
| Missouri | Equal-time presumption | Equal or approximately equal parenting time is presumed to be in the child’s best interests (since Aug. 28, 2023). | RSMo § 452.375.2 |
| Montana | Shared-parenting policy, no presumption | No presumption. A best-interest factor treats frequent and continuing contact with both parents as in the child’s best interests. | MCA § 40-4-212 |
| Nebraska | Shared-parenting policy, no presumption | No presumption. The statute favors continuing quality contact with both parents, and a 2026 law added an equal-access evidence factor. | Neb. Rev. Stat. § 43-2923 |
| Nevada | Joint custody presumption | Joint legal custody is presumed if the parents agree or a parent has shown intent to build a meaningful relationship. Joint physical custody is a preference under the same conditions. | NRS 125C.002, 125C.0025 |
| New Hampshire | Joint custody presumption | Joint decision-making is presumed. Since 2025, state policy encourages approximately equal parenting time when it is in the child’s best interest. | RSA 461-A:5; 461-A:2 |
| New Jersey | Shared-parenting policy, no presumption | No presumption. A January 2026 law replaced the frequent-contact policy with a child-safety-first standard; shared child-rearing is encouraged only if in the child’s best interest. | N.J.S.A. 9:2-4 (P.L.2025, c.316) |
| New Mexico | Joint custody presumption | In initial custody decisions, joint custody is presumed to be in the child’s best interests. Joint custody does not mean equal time. | NMSA § 40-4-9.1 |
| New York | Best interests only | No presumption, and neither parent has a prima facie right to custody. Shared-parenting bills remain in committee. | N.Y. Dom. Rel. Law § 240(1)(a) |
| North Carolina | Shared-parenting policy, no presumption | No presumption. Joint custody must be considered on request, and a 2015 policy encourages both parents to share child-rearing equitably. | N.C.G.S. §§ 50-13.01, 50-13.2 |
| North Dakota | Best interests only | No presumption as to which parent better serves the child’s best interests. Two 2025 shared-parenting bills failed. | N.D.C.C. § 14-09-29 |
| Ohio | Shared-parenting policy, no presumption | No shared-parenting presumption. Parenting-time orders must give both parents frequent and continuing contact whenever possible, unless not in the child’s best interest. | Ohio Rev. Code §§ 3109.04, 3109.051 |
| Oklahoma | Shared-parenting policy, no presumption | No presumption; state policy favors frequent and continuing contact with fit parents. A joint-custody presumption bill (HB 1082) died in 2026. | 43 O.S. §§ 109, 110.1 |
| Oregon | Joint custody presumed only if parents agree | Courts may not order joint custody unless both parents agree. State policy favors frequent contact with both parents. | ORS 107.169; 107.101 |
| Pennsylvania | Best interests only | No presumption favoring either parent. Judges must give substantial weighted consideration to safety factors (Kayden’s Law, Act 8 of 2024; factor list streamlined by Act 11 of 2025). A 50/50 bill, HB 1499, got a committee hearing Oct. 5, 2026, with no vote. | 23 Pa.C.S. §§ 5327(a), 5328(a) |
| Rhode Island | Best interests only | Custody follows the child’s best interests. The statute sets no joint-custody presumption or preference. | R.I. Gen. Laws § 15-5-16 |
| South Carolina | Best interests only | No presumption. Courts may award joint or sole custody and must consider joint custody when it is requested. | S.C. Code § 63-15-230 |
| South Dakota | Best interests only | The statute expressly creates no presumption of joint physical custody. Presumption bills failed narrowly in 2025 and 2026. | SDCL 25-4A-26 |
| Tennessee | Joint custody presumed only if parents agree | Joint custody is presumed only when parents agree. Otherwise courts must give each parent the maximum participation consistent with best interests. | Tenn. Code §§ 36-6-101, 36-6-106 |
| Texas | Joint custody presumption | Parents are presumed joint managing conservators (a family violence finding removes the presumption), but equal possession is not required. The standard possession order is presumed to give reasonable minimum time; parents within 50 miles get expanded times by default. | Tex. Fam. Code §§ 153.131, 153.135, 153.252, 153.3171 |
| Utah | Joint custody presumption | Legal custody only: joint legal custody is presumed, with abuse exceptions. No preference for joint physical custody. | Utah Code § 81-9-205 |
| Vermont | Joint custody presumed only if parents agree | A parents’ agreement to share rights and responsibilities is presumed to be in the child’s best interests. Without one, the court awards primary rights to one parent. | 15 V.S.A. §§ 665, 666 |
| Virginia | Shared-parenting policy, no presumption | No presumption for any custody form, but courts must assure frequent and continuing contact with both parents when appropriate. | Va. Code § 20-124.2 |
| Washington | Shared-parenting policy, no presumption | No presumption. State policy says each parent-child relationship should be fostered, weighted toward the stability of existing relationships. | RCW 26.09.002 |
| West Virginia | Equal-time presumption | Equal (50-50) custodial allocation is presumed to be in the child’s best interest, rebuttable by a preponderance of the evidence (since 2022). | W. Va. Code § 48-9-102a |
| Wisconsin | Joint custody presumption | Legal custody only: joint legal custody is presumed. Placement must maximize time with each parent, with no equal-time presumption. | Wis. Stat. § 767.41 |
| Wyoming | Best interests only | Courts may not favor or disfavor any form of custody. Shared-custody bills failed in 2025 and 2026. | Wyo. Stat. § 20-2-201 |
2026 shared parenting bills: passed, pending and dead
New laws in 2025 and 2026
- Louisiana: Act 605 (HB 1239) changed the law from “should” to “shall” share physical custody equally, effective Aug. 1, 2026.
- Mississippi: HB 1662 created an equal-time presumption for first custody orders after July 1, 2026.
- Kentucky: SB 122 added domestic violence exceptions to the equal-time presumption, effective July 15, 2026.
- Nebraska: LB 965 added a factor requiring courts to consider evidence that children benefit from equal access to both parents, effective July 18, 2026.
- New Jersey: P.L.2025, c.316 replaced the frequent-contact policy with a child-safety-first standard, effective Jan. 20, 2026.
- Arizona and Colorado: new 2026 domestic violence laws, including coercive control, now shape parenting-time decisions.
- New Hampshire: since Jan. 1, 2025, state policy encourages approximately equal parenting time when it serves the child.
Bills still moving
- Michigan HB 5211 would presume equal or approximately equal parenting time. House Judiciary reported it on June 24, 2026; a Senate twin, SB 940, is in committee.
- Pennsylvania HB 1499 would presume shared custody with equal parenting time, rebuttable by clear and convincing evidence or by the parents’ agreement. House Judiciary held its first public hearing on Oct. 5, 2026; no vote yet.
- Ohio SB 174 would replace custody terms with parenting plans. It passed the Senate 29-2 and is in House Judiciary. It is not an equal-time presumption.
- New Jersey A2963/S2008 would presume joint legal and physical custody. Both were introduced in January 2026.
- New York S4128, A4786 and A6151 would create shared-parenting presumptions. All three are in committee.
- Illinois SB 2710 would order a state study of parenting-time presumptions, including 50/50.
Bills that died or stalled
Equal-time or joint-custody presumption bills failed in at least 17 states in 2025 and 2026:
- Alabama (HB 53 passed the House 100-1 in 2025, then died in the Senate; HB 19 and HB 147 died in 2026)
- Arizona (SB 1720 passed the Senate 19-11, then failed in House Judiciary 0-8)
- California (AB 1978), Colorado (SB26-027), Connecticut (SB 1026), Georgia (SB 404, HB 1431, HB 1041), Idaho (H 824) and Indiana (HB 1157)
- Iowa (SF 514 passed the Senate and HF 932 passed the House in 2025; neither became law)
- Maryland (SB 521, HB 1505), Massachusetts (H.1710, sent to study) and Minnesota (several 2025 and 2026 bills)
- New Hampshire (HB 1770), North Dakota (HB 1242, SB 2383) and Oklahoma (HB 1082 passed the House 92-1 but never got a Senate floor vote)
- Oregon (HB 3095), South Carolina (H.4622 never left House Judiciary), South Dakota (SB 172 lost on the House floor 35-34; HB 1067 and SB 224 died in 2026)
- Tennessee (HB 1131), Texas (SB 849), Vermont (H.369), Wisconsin (AB 151/SB 161) and Wyoming (SF 117, SF 93)
The fight runs both ways. Kentucky lawmakers filed bills in 2025 and 2026 to repeal the state’s equal-time presumption; both died in committee.
How domestic violence affects the starting point
Nearly every presumption state switches the presumption off, or flips it against the abusive parent, when a court finds domestic violence. The details differ by state, from a protective order on the record to a finding of a pattern of abuse. In 2026, Arizona, Colorado and Kentucky tightened those rules, and New Jersey made child safety a threshold question in every custody case.
New York’s Kyra’s Law, which passed both chambers in June 2026 and has not yet gone to the governor, would also change how courts handle abuse allegations and claims of parental alienation. Our guide to fighting parental alienation explains why that matters.
Does a new shared parenting law change my existing custody order?
Usually not by itself. Mississippi’s presumption applies only to first temporary and first final orders entered after July 1, 2026, and Arkansas’s covers initial custody decisions. To change an existing order, you usually have to go back to court and meet your state’s modification standard, which in many states requires a change in circumstances as well as the child’s best interests.
Our custody modification guide explains how that process works and what courts look for.
What this means for fathers
- Know your state’s starting point. Find your state in the table, then read the statute itself. A presumption shifts who has to prove what, but it never guarantees a result.
- Document your involvement. Even in presumption states, evidence decides contested cases. Use our step-by-step guide to documenting custody issues.
- Get local advice. Every state’s exceptions differ. A licensed family law attorney in your state can tell you how local courts apply the law. Nevada fathers can start with our overview of Nevada custody law.
- Follow the bills. Our national fathers’ rights news roundup tracks new laws and court rulings, and our overview of the equal parenting movement covers the bigger picture.
How we built this tracker
We read the current custody statute in each jurisdiction on its official legislature or code site and confirmed bill status on legislature sites or LegiScan. When an official site blocked our tools, we used a reputable copy such as Justia and linked it. We placed each jurisdiction in one category based on the statute text alone, not on how individual judges apply it.
Some placements are judgment calls. Arizona, Georgia, Illinois, Massachusetts, Nebraska, New Jersey, Ohio, Oregon and Washington sit close to the line between categories, and we explain the deciding language in the table. Laws change every session, so we re-verify this tracker monthly. Spot an error? See our corrections policy.
Update, Oct. 6, 2026: After a section-by-section review, we refined the wording and citations for Arizona, California, Florida, Georgia, Pennsylvania and Texas, added Georgia’s HB 1041 to the bills that died, and now describe Pennsylvania’s HB 1499 from the bill text. No state changed category.
Frequently asked questions
As of October 2026, seven states presume equal or approximately equal parenting time: Arkansas, Florida, Kentucky, Louisiana, Mississippi, Missouri and West Virginia. Each presumption can be rebutted with evidence, and each has exceptions for domestic violence. Mississippi’s and Louisiana’s laws took effect in mid-2026.
No. Texas presumes that parents should be joint managing conservators, which means shared rights and duties, but it does not presume equal possession time. The standard possession order is presumed to be in the child’s best interest, and one parent usually sets the child’s primary residence.
Partly. Nevada presumes joint legal custody when the parents agree or when a parent has shown an intent to build a meaningful relationship with the child. Under the same conditions, joint physical custody is a preference rather than a presumption, and domestic violence findings create a presumption against it.
Yes. Every equal-time presumption is rebuttable. In Kentucky, Florida, Missouri, Mississippi and West Virginia, a preponderance of the evidence can overcome it. Arkansas requires clear and convincing evidence. Findings of domestic violence usually remove or reverse the presumption.
Watch Michigan, where House Judiciary advanced an equal-time bill (HB 5211) in June 2026, and Pennsylvania, where HB 1499 got a Judiciary hearing in October 2026. Ohio’s SB 174 has passed the Senate but would not create an equal-time presumption.
Get shared parenting law updates in your inbox
One email a week with new custody laws, bills to watch and court rulings that matter to fathers. Free. Unsubscribe anytime.
Is a shared parenting bill moving in your state? Send us a tip or share your story.
Equal Rights for Divorced Fathers is a news and advocacy publication, not a law firm. This tracker is general information, not legal advice. Laws change and courts apply them differently, so confirm current law with your state’s official statutes or a licensed family law attorney before making decisions about your case.
Leave a Reply