I’m not a lawyer nor have I gone through a divorce or custody battle, but isn’t evaluating each situation individually a good thing?
Yes, but I don't think that is what is in question. If a couple wants a specific type of custody agreement, I see no reason why they shouldn't be granted it. It's the starting point during child custody hearings that is in question. NOW favors the presumption of custody of the primary care taker instead of 50/50. A custodial child custody arrangement is fine if that is what the couple wants. It is horrible for the non-custodial parent if that's not what they want.
When there is a custodial parent and a non-custodial parent, the custodial parent is typically the woman. The custodial parent has more authority regarding major decisions about the child's education, healthcare and other life choices. This places the non-custodial parent in a position of little authority over their own children's lives.
It usually mean an 80/20 custody schedule where the non-custodial parent only gets every other weekend and maybe a day during the week. This means men have go through a lengthy custody battle if they want more time and influence in their children's lives. Many men cannot afford this and they are forced to accept an 80/20 arrangement.
Which is better is a hotly debated subject. Primary custody arrangements can be bad for boys because it removes his father, his chief role model, from his day to day life. I personally feel that presumption of primary caretaker custody is at odds with the idea that both parents are important.