2026 Custody Data
Child Custody Statistics 2026
Joint custody has become the majority outcome, now awarded in 51% of cases. The decades-long trend toward shared parenting continues, with sole mother custody declining and father involvement increasing.
For the first time in U.S. history, joint custody arrangements exceed all other custody types combined. 28 states now have some form of joint custody presumption or preference.
Joint Custody Awards
51%of cases
+8% from 2020
Mother Primary Custody
38%of cases
-12% from 2020
Father Primary Custody
11%of cases
+4% from 2020
Contested Custody
15%go to trial
Most settle
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3-Year Trend DataHistorical comparison showing rate changes over time
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Custody Arrangement Types (2026)
Joint legal custody is now the norm, with 70% of cases involving shared decision-making. Physical custody arrangements vary more widely.
| Custody Type | Percentage | Trend | Description |
|---|---|---|---|
| Joint Legal & Physical Custody | 34% | +6% | Equal or near-equal time split |
| Joint Legal, Mother Physical | 28% | -4% | Shared decisions, mother primary residence |
| Sole Mother Custody | 22% | -8% | Mother has full custody |
| Joint Legal, Father Physical | 8% | +3% | Shared decisions, father primary residence |
| Sole Father Custody | 5% | +2% | Father has full custody |
| Third Party/Grandparent | 3% | +1% | Neither parent has custody |
Joint Custody Rates by State
States with joint custody presumptions have significantly higher rates of shared parenting. Kentucky leads with 65% joint custody awards.
| State | Joint Custody Rate | Legal Presumption | Notes |
|---|---|---|---|
| Kentucky | 65% | Yes | First equal custody presumption state |
| Arizona | 62% | Yes | Strong father rights |
| Utah | 58% | Partial | Recent reform |
| Minnesota | 56% | Yes | Long history of joint custody |
| Iowa | 54% | Yes | 2018 reform |
| New York | 42% | No | Traditional state |
| California | 48% | Partial | Case-by-case |
| Texas | 52% | Partial | Standard possession order |
Custody Trends (2015-2026)
The shift toward joint custody has been steady and dramatic. In 2015, sole mother custody was the most common outcome. By 2026, joint custody dominates.
| Year | Mother Sole (%) | Joint Custody (%) | Father Sole (%) | Notes |
|---|---|---|---|---|
| 2015 | 45% | 35% | 7% | Traditional patterns |
| 2018 | 40% | 42% | 8% | Joint custody rising |
| 2020 | 38% | 45% | 9% | COVID impact |
| 2022 | 35% | 48% | 10% | Reform momentum |
| 2024 | 32% | 50% | 11% | Continued shift |
| 2026* | 28% | 53% | 12% | Projected |
Factors Courts Consider in Custody Decisions
Courts evaluate multiple factors when determining custody. The "best interests of the child" standard guides all decisions.
| Factor | Weight | Courts Considering | Notes |
|---|---|---|---|
| Child's preference (if age appropriate) | High | 78% | Usually 12+ |
| Primary caregiver history | High | 85% | Who did day-to-day care |
| Work schedule flexibility | Medium-High | 72% | Ability to be present |
| Living situation stability | High | 82% | Stable home environment |
| Geographic proximity | Medium | 65% | For school/activities |
| Mental health status | High | 88% | Fitness to parent |
| Substance abuse history | Very High | 95% | Major disqualifier |
| Domestic violence history | Very High | 98% | Often bars custody |
| Parent-child relationship | High | 90% | Bond and attachment |
| Willingness to co-parent | Medium-High | 75% | Cooperation factor |
Common Parenting Time Schedules
The 50/50 week-on/week-off schedule has become the most common arrangement, used in 28% of joint custody cases.
| Schedule Type | Father Time | Mother Time | How Common |
|---|---|---|---|
| Traditional (every other weekend) | 14% | 86% | 25% |
| Extended weekends (Fri-Mon) | 22% | 78% | 18% |
| Week on/week off (50/50) | 50% | 50% | 28% |
| 2-2-3 schedule | 43% | 57% | 15% |
| 3-4-4-3 schedule | 50% | 50% | 8% |
| Other arrangements | Varies | Varies | 6% |
How Splitifi Helps with Custody
Splitifi provides comprehensive custody planning tools, from schedule creation to communication logging. Our AI helps you build a strong case for the custody arrangement that works for your family.
- Parenting plan templates by state
- Schedule visualization tools
- Co-parent communication platform
- Documentation for court presentation
Frequently Asked Questions
What percentage of custody cases result in joint custody?
In 2026, 51% of custody cases result in some form of joint custody, with 34% being joint legal and physical custody (true 50/50). This is up from 35% in 2015, reflecting a major shift in family law.
How often do fathers get primary custody?
Fathers receive primary custody in about 11% of cases in 2026, up from 7% in 2015. When fathers actively seek custody, they win it approximately 35% of the time. Many fathers settle for less due to advice or assumptions.
What factors most influence custody decisions?
The most heavily weighted factors are: domestic violence history (98% of courts consider), substance abuse (95%), parent-child relationship (90%), mental health (88%), and primary caregiver history (85%). Child's preference matters for children typically 12 and older.
Which states favor joint custody?
States with joint custody presumptions have the highest rates: Kentucky (65%), Arizona (62%), Utah (58%), Minnesota (56%), and Iowa (54%). These states presume equal custody is in the child's best interest unless proven otherwise.
Cite This Page
Splitifi. "Child Custody Statistics 2026: Joint Custody Trends & State Data." Splitifi.com, February 2026, https://www.mysplitifi.com/statistics/custody-statistics-2026Data sources: U.S. Census Bureau, National Center for State Courts, State Court Administrative Offices, Journal of Family Psychology. Updated annually.