The Dilemma of Split Child Custody: Insights from The Parent Trap
At this point, I think I’ve watched The Parent Trap at least fifteen times. As a kid, I tried the Oreo and peanut butter combination and begged my parents to sign me up for fencing. I thought of ways I could recreate the pranks the twins played on Meredith, and wondered whether a summer camp similar to Camp Walden existed near my hometown. The question I deliberated the most, however, was: Whose life would I rather have: Hallie’s or Annie’s? Would I rather spend my childhood playing hide-and-go-seek in the vineyards of Napa Valley or attend private wedding gown design sessions in London? Don’t get me started on Chessy versus Martin – how could you choose between a cool, overall-wearing nanny and a butler who you share a secret handshake with?
Now, as a family law attorney, my biggest question is how two seemingly intelligent, kind parents agreed to such an absurd custody arrangement. I can’t imagine keeping one of my children away from their sibling and the other parent. However, our law does provide for something somewhat similar to the child custody arrangement in The Parent Trap. The closest equivalent is a form of physical child custody known as split physical child custody.
In a split physical child custody arrangement, one parent has primary physical and legal custody of one or more children, and the other parent has primary physical and legal custody of the other children. It’s important to note that this doesn’t necessarily result in a child never seeing the other parent or their siblings – it’s dependent on the unique circumstances of each case. Additionally, the arrangement must be in the best interest of the children…all of the children. Since judges typically consider a child’s relationship with their siblings and their other parent to be incredibly valuable, a split physical custody arrangement is rarely awarded. However, there are occasional instances where a split physical custody arrangement may be the best choice: for example, if there are allegations that one sibling has abused the other.
In the end, the objective is always the same: to foster an environment that supports the well-being of your children. Although The Parent Trap will always be one of my comfort movies, it’s certainly not a great example of common child custody arrangements despite it being “healthy” for Hallie or Annie. If you find yourself in a situation where split physical custody could potentially be the right option for your family, I recommend seeking the advice of a family law attorney to navigate the child custody complexities involved.
If you or someone you know wants to learn more about Child Custody, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
