In Texas, the court draws a clear line between the physical possession of your children and the right to make decisions regarding your children’s health, education, and welfare. With this as the foundation of a child custody arrangement, the court honors the following custody arrangements in Texas:

  • Joint conservatorship: In a joint conservatorship, parents have an equal role in the decision-making of their children’s lives
  • Equal physical possession: Both parents can share equal physical custody of their children, such as split residences and visitation rights
  • Standard possession order: Preferred by the state, standard possession ensures the children have one primary residence
  • 50/50 custody: Also known as shared custody, a 50/50 arrangement allows parents to take part in important decisions and decide on a fair, equal split regarding living arrangements.

What is a Standard Possession Order?

Many states today favor the 50/50 custody arrangement. Equal custody is not the preferred approach in Texas, however. The state embraces the standard possession order. In this custody arrangement, a child spends more time at one parent’s residence and, by default, spends less time with the other parent.

In a standard possession order, the guidelines are as follows:

  • The child will stay with the non-custodial parent on the first, third, and fifth weekends and every Thursday night.
  • Vacations, holidays, and birthdays alternate between the parents.

The judge will typically lean toward this type of custody arrangement unless there is a compelling reason to adjust or recommend a different structure, such as an unfit or neglectful parent.

The standard possession order is designed to provide stability and consistency for the child while ensuring that both parents remain actively involved in the child’s life. It takes into account the child’s school schedule, extracurricular activities, and the geographic proximity of the parents’ residences. This arrangement also allows for flexibility, enabling parents to negotiate additional time with their children as long as both parties agree.

While the standard possession order is a common choice, it is important to remember that the court’s primary concern is the child’s welfare, and any custody arrangement must serve the best interests of the child.

Parents are encouraged to work collaboratively to develop a parenting plan that accommodates their family’s unique circumstances, potentially leading to a more personalized custody agreement that better suits their needs.

What is 50/50 Custody in Texas?

50/50 custody is a shared custody arrangement between two parents. Children typically live with both parents half the time, meaning split residences and visitation schedules, holidays, birthdays, and other special events.

If both parents agree and support a 50/50 custody arrangement, the court will likely honor it. At the same time, you also can fight for 50/50 custody in Texas. However, you will need to gather enough evidence to show that you’ve participated in your children’s life through daily caretaking and activities.

If left up to the court in a contentious divorce and the parents cannot agree, the court will impose a standard possession order or a different type of arrangement they believe is in the best interest of your children.

Benefits of 50/50 Custody

Adopting a 50/50 custody arrangement can offer several advantages for both the children and parents involved. One of the most significant benefits is that it allows children to maintain strong relationships with both parents, fostering a positive co-parenting environment. This arrangement encourages parents to work together, promoting a cooperative co-parenting environment that can lead to more effective co-parenting strategies.

Additionally, 50/50 custody can provide children with emotional support from both parents, contributing to their overall well-being. It also allows parents to share parenting responsibilities and duties more equally, ensuring that both are actively involved in their children’s lives. This shared custody arrangement can help alleviate the financial responsibilities that one parent might bear alone, as both parents are equally involved in their child’s life and upbringing.

Challenges of 50/50 Custody

Despite its benefits, 50/50 custody can present challenges. Coordinating schedules can be difficult, particularly if parents reside far apart or have demanding work commitments. It requires a high degree of communication and cooperation between parents to ensure the child’s needs are met consistently.

Moreover, 50/50 custody may not be suitable for all families. In cases where there is a history of family violence or when one parent is deemed unfit, the court may decide that equal physical custody is not in the child’s best interest. It’s crucial for parents to assess their family’s unique circumstances and determine whether this custody arrangement is feasible and beneficial for their children.

Legal Considerations of 50/50 Custody in Texas

Under Texas law, the court’s primary concern is the child’s welfare when determining custody arrangements. Parents seeking 50/50 custody must demonstrate that such an arrangement serves the best interests of the child. This involves considering factors like the child’s school schedule, extracurricular activities, and the geographic proximity of the parents’ residences.

It’s advisable for parents to consult with a family law attorney to navigate the complexities of Texas family law and ensure that their custody agreement aligns with the texas child support guidelines and the child’s best interests. An attorney can provide guidance on calculating child support obligations, establishing a fair child support amount, and drafting a comprehensive child support agreement that reflects the family’s needs.

Ultimately, while 50/50 custody can be a beneficial arrangement for many families, it requires careful planning, open communication, and a commitment to maintaining a positive parent-child relationship.

How Can an Attorney Help Me with 50/50 Child Custody?

Both moms and dads have a right to split custody as long as they are involved in the children’s lives leading up to the divorce. It’s essential to go into any child custody dispute with some agreement so that the court doesn’t impose its own beliefs.

If you want 50/50 custody in Texas or you and your spouse can’t agree on an appropriate child custody arrangement, an attorney can help you reach a mutually beneficial agreement so the court doesn’t have to.

Custody disputes can drag on and negatively impact your family without the intervention of an experienced attorney. We can help you better understand your child custody options and fight for shared custody or another agreement that suits your family dynamic. Call us to see how we can help: (254) 323-5506.