Annual Elective 50/50 Custody

The Nickerson Law

I am seeking legislature that enforces Annual Elective 50/50 Custody (AE50/50) in cases where there is not abuse.  The solution is both simple and effective.

Parents both get 50% custody.

Either parent may elect for less custody.  That is, a parent may see that based on school or an activity schedule that it is in the best interest of their child to temporarily have more custody with the other parent.

This shift in custody should never:

  • Allow the other parent to declare more than 50% custody, or
  • Be viewed as a long term “status quo”

Once annually, the parents can renegotiate custody (ideally outside court).  If there is any dispute going forward, custody automatically reverts back to 50/50 for the protection of the children.

There are some more details on a custody agreement and the philosophy at  This content will be migrated to this site shortly.

3 thoughts on “Annual Elective 50/50 Custody”

  1. In cases where there is not abuse…

    I wonder how many divorce cases would qualify; with no sign of abuse and no allegations of abuse?

    Even in situations where all parties agree there is no abuse, applying a rigid rule across the board is to neglect consideration for the best interests of the child in each individual case. It is more like fair division of property.

  2. That is the main problem with this plan. The instances of false accusations will rise. Even with that problem, this is a better plan than what we currently have. If a parent is unfit, it will come out in court. I’m a firm believer that the current system encourages divorces and single mothers., but this isn’t the right topic to delve into that.

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