Table of contents:
- Is Texas a 50/50 custody state?
- What is 50/50 custody in Texas?
- Factors that influence Texas 50/50 custody
- Do you pay child support with 50/50 custody in Texas?
- How does 50/50 custody work in Texas?
- Common 50/50 possession schedules in Texas
- How to get 50/50 custody in Texas
- FAQs: 50/50 Custody — Texas
One of the most common questions parents ask our Fort Worth family law attorneys is, “How can I get a 50/50 possession schedule” or “50/50 custody schedule?” If you’re wondering how to get 50-50 custody in Texas, it’s important to understand what 50/50 custody actually means in Texas and evaluate whether a 50/50 possession schedule makes sense for both parents, and most important, the child.
Is Texas a 50/50 custody state?
Parents can ask for and be granted 50/50 custody in Texas, however, the state presumes that the Texas Family Code’s standard or expanded standard possession order (SPO) is in the best interest of the child. And in many cases, it’s difficult to prove otherwise. If one parent or both would prefer a 50/50 custody arrangement, they will need to overcome that presumption and prove to the court that equal parenting time would be in the child’s best interest.
While our family law firm sees more 50/50 possession schedules in Texas today than in the past, many judges in Texas won’t agree to a 50/50 co parenting schedule. And even if you get an associate judge to buy your argument, you could end up with a district judge who will not.
What is 50/50 custody in Texas?
In general, 50-50 custody in Texas is a legal custody agreement intended to provide both parents with equal parenting time. It also means the child does not have a primary residence. Instead, the child lives with one parent 50% of the time and the other parent 50% of the time. In most cases, parents with a 50/50 custody schedule also alternate holidays and summer vacations from year to year. Equal parenting plans also clarify financial and decision-making responsibilities, which vary from family to family.
It’s important to be clear about parenting responsibilities in 50/50 custody orders.
Since every family is different, the court will consider each family’s unique circumstances (work schedules, location of school and residences, income, child’s special needs, etc.) when creating a 50/50 custody parenting plan. 50/50 child custody and child support orders should also clarify financial responsibilities and define parental responsibilities, rights and duties, including which parent (or parents) has the right to make decisions about the child’s medical, educational and other needs.
Having equal say in all parenting decisions can be problematic in that in the event of a disagreement, there would be no choice but to go back to Court to have a judge decide, so it’s not something we typically recommend. Texas law pertaining to parental rights and duties is more complex than you might think, so it’s important to review them closely with your child custody lawyer.
Flexibility and mutual respect are key for a positive co parenting relationship.
Allowing an occasional adjustment to a custody schedule can go far when dealing with rigid 50/50 custody arrangements. While it’s typically best to follow your possession schedule as closely as possible, life happens. If both parents make an effort to be kind, respectful and accommodating, the 50/50 custody schedule and custody exchange process can be much easier to navigate.
Are you looking for a Texas 50/50 custody agreement example? You’ll find the most common custody schedule examples for Texas families later in this post.
Factors that influence Texas 50/50 custody
Texas courts will consider a variety of factors when determining whether 50/50 equal custody would be appropriate for your family. Some common factors include:
1). The ability of parents to collaborate and make a 50/50 arrangement work.
The reality is that 50/50 custody can only work if both parties are able to co-parent, cooperate, live close to each other and intend to work together to raise the child. If either parent travels a lot or works long days, the judge will likely assign the other parent who is a stay-at-home mom or dad, works part-time or works from home as the custodial parent
2). Why the parents are seeking 50/50 custody in Texas.
In order to persuade a judge to order a 50/50 custody schedule, parents must demonstrate that equal parenting time will be the best option for the child’s well being and feasible in the case of both parents. Essentially, they need to show that their heart is in the right place, and they are requesting 50/50 for the child’s benefit—not theirs.
If the reason a parent wants 50/50 possession is to avoid paying child support or to prevent the other parent or ex spouse from being primary conservator out of spite, that typically won’t fly with Texas judges. In fact, it might even backfire. Putting the child’s best interests first and showing the willingness to amicably co-parent is critical when seeking 50/50 custody in Texas.
3). What parenting roles and duties each parent has handled in the past.
Parents will face an uphill battle if they haven’t been walking the walk. If one parent has been shouldering the vast majority of parenting duties, the judge will likely reject a 50/50 shared custody arrangement and award the “heavy lifting” parent primary conservatorship. The court will consider which parent has been:
- Taking the child to and from school, doctor’s appointments and extracurricular activities.
- Helping with homework.
- Preparing the child’s meals, washing their clothes, ensuring they bathe, etc.
- Attending the child’s sports, music and other important events.
- Attending religious services with the child.
- Providing emotional support, etc.
That’s not to say that a formerly workaholic dad can’t transform into a super dad—which would be great!—but that dad will need to prove to the judge that he’s capable and willing to do so. Above all, parents need to prove that they show up for their kids—both physically and emotionally—when and where they are needed.
What type of home environment each parent can provide.
While the family courts encourage custody arrangements where both parents play an active role in their children’s lives, they also want to ensure children have a safe, healthy and nurturing environment to call home. Some parents simply may not have the means to provide a stable home for their child or travel frequently for work so they can’t be there for their child 50% of the time.
Whether there have been any past incidents of domestic violence or substance abuse.
Regardless of the type of custody arrangement desired, the physical and emotional safety of the child is paramount. If the court finds a parent poses a danger to a child or has harmed the child or their other parent in the past, the judge will likely restrict visitation and access to the child. Non custodial parents in these scenarios have to work hard to gain more access to their child.
Do you pay child support with 50/50 custody in Texas?
In most cases, yes, Texas does require child support payments be paid by either one or both parents. While the child support calculation is typically based off of a difference in time between the parties, parents exercising a 50/50 possession schedule should expect some type of offset amount. It’s incredibly rare that a 50/50 agreement doesn’t involve child support in Texas because both parents rarely earn the same income.
If your income is higher, you will likely pay more child support.
Most likely, there will be some disparity (often a big one) in earnings, so the court will end up calculating child support based on both parents incomes and Texas child support guidelines, and then having the parent who makes more pay the difference between the two calculations.
If you’re the higher wage earner, the court will say something like, “Breadwinner, your child support payments are set at X amount based on your income. Stay-at-home parent, your child support amount is set at X based on your income. You can either offset, or we can have you pay the other parent and the other parent pay you.”
And it generally doesn’t matter if you’re the father or the mother when determining who will pay more. If you’re a father wondering about fathers rights in Texas or a working mom wondering how her income will be impacted, a child support lawyer can provide details.
A child’s special needs or disability can impact a child support agreement.
When determining child support, the child’s welfare is the top consideration for Texas courts. While child support calculations are primarily based on state guidelines, the court may also consider other factors like the child’s lifestyle and special needs of children, such as physical or intellectual disabilities.
If you’re wondering how Texas child support guidelines may affect your own child support agreement, check out this past post: How Much Is Child Support in Texas?
How does 50/50 custody work in Texas?
In Texas, the family courts are very supportive of custody schedules that give both parents plenty of time with their children. Ultimately, the court will base its decision on the facts of the case and whether or not a 50/50 visitation schedule makes the sense for the family’s unique situation.
If the judge finds that both parents are willing and able to manage a 50/50 possession schedule and that the child will likely benefit from the arrangement, the next step is to consider different 50/50 custody schedule options.
Common 50/50 possession schedules in Texas
If you’re hoping to get a 50/50 custody schedule, you may be wondering what is a good 50 50 custody schedule? The three most common 50/50 custody schedules we see at our Fort Worth law firm include:
- Every other week: Child spends one week with one parent, one week with the other parent, repeat.
- Thursday through Sunday: Parents exchange the child on Thursdays and Sundays, with some choosing to alternate who has weekdays and weekends.
- Rotating 2-2-3: Two days with the first parent, two days with the second parent, the weekend with the first parent. The next week, two days with the second parent, two days with the first parent, the weekend with the second parent. Sometimes, parties do what is referred to as a “non-rotating 2-2-3”, where one party always does Mondays and Tuesdays, the other party always does Wednesdays and Thursdays and the parties just rotate on the weekends. While this is easier to keep track of, it makes for longer stretches of time for parents to not see their children.
Choosing a 50/50 custody schedule isn’t always easy.
Especially when parents don’t agree which route to go. When considering the examples of custody agreements above, take time to weigh the pros and cons for each parent and the child. What is a good 50 50 custody schedule for you, may not work well for the other parent or best suit the child’s needs.
Family dynamics and logistics need to be considered.
No two families are exactly alike. Where the parents reside, where the child or children attend school, the number of children, ages of children, frequency of extracurricular activities and other considerations should be taken into account when deciding on a visitation schedule.
When parents don’t agree, the judge can decide which schedule will work best.
If you and the other parent are at odds, you will need to explain to the judge why you prefer one schedule over the other. The judge will consider parents’ work schedules, children’s school and extracurricular schedules and other concerns when deciding which schedule would be in the best interest of the child.
How to get 50/50 custody in Texas
When seeking equal parenting time, we highly recommend securing legal guidance from a Texas family law attorney with experience helping clients navigate the 50/50 custody process. As noted above, it isn’t easy to get 50/50 custody in Texas, so capable legal representation is key.
Texas family courts always want to make informed decisions when weighing in on custody matters. Parents who are serious about getting equal custody, should also be prepared to prove during family court hearings that:
- Their intent is pure and based on what is best for the child, not just to lower their child support obligation.
- They will be able to amicably co-parent with the other parent.
- Family dynamics, logistics and work schedules won’t interfere with a 50/50 custody plan.
- They have walked the walk in the past, providing for the child’s physical and emotional needs on an ongoing basis.
- They can provide a safe and nurturing environment for their child, where family violence and substance abuse are not involved.
- They have the resources available (financial, time, family involvement, etc.) to support the child under a 50/50 arrangement.
Keep in mind, even if the court won’t agree to 50/50 custody, standard and expanded standard possession orders in Texas can provide parents with plenty of parenting time. Your child custody lawyer can explain the pros and cons of joint managing conservatorship and help you weigh your options.
Our law firm can explain your Texas 50/50 custody options
Co-parenting is rarely easy, especially when parents don’t see eye-to-eye. Making a 50/50 visitation schedule work, well, it takes work. It also takes a commitment from both parents to put their child first and work together to make sure the 50/50 arrangement stays on track. Are you up for the challenge?
If you live in the Dallas / Fort Worth area and want to find out if a 50/50 possession schedule makes sense for you, the other parent and your child, the Sisemore Law Firm in Fort Worth is here to help. To schedule a one-on-one case review with a family law attorney at our firm, call our office at (817) 336-4444 or visit our contact page to connect with us online.
Photo Source: Canva.com
Who claims the child in a 50/50 custody arrangement in Texas?
The Sisemore Law Firm can’t provide tax advice,* however, we can say that the IRS generally allows the parent who has custody of their child more nights to claim the child on their taxes. For true 50/50 custody arrangements, where the parents share equal time, the Internal Revenue Code determines who gets to take the childcare dependency exemption but many couples agree to alternate each year.
* If you have questions about taxes and claiming your children, it’s best to speak with a tax professional about your options.
How are summers and holidays impacted by 50/50 custody in Texas?
Most Texas parents with a 50/50 custody holiday schedule and custody calendar alternate school calendar holidays like Christmas, Thanksgiving and Spring Break and each get extended consecutive time in the summer (i.e., a 10-14 day block to be able to travel). However, if both parents agree, they can have other arrangements included in their custody orders.
What are the advantages and disadvantages of a 50/50 custody schedule?
When it comes to schedules for 50 50 custody in Texas, they do come with pros and cons. In truth, 50/50 custody schedules can work well for some families but we’ve found that to be more of an exception than the rule.
Potential pros of a 50/50 custody schedule include:
- Child gets to spend equal time with both parents and enjoy different life experiences.
- May boost child’s self-esteem if each parent spends dedicated time with the child.
- Child learns how to work as a team by watching parents work together to make shared custody a positive experience for the child.
Potential cons of a 50/50 custody schedule include:
- Being bounced around and uprooted time and again can be problematic for kids, regardless of age.
- Depending on which version of the 50/50 schedule the parents choose:
- They either end up with a lot of back and forth, which makes it difficult for the child to get into a routine, OR …
- With the every-other-week option, the child gets comfortable with one environment only to be uprooted and moved to a totally different environment in the other parent’s home. This can be very stressful and unsettling for the child.
- It’s a difficult schedule to manage for parents who don’t get along. Managing a strict schedule can further escalate conflict between the parents and be difficult for a child to handle emotionally.
What happens when a parent violates orders for 50/50 custody in Texas?
Regardless of the type of custody arrangement, if one parent is trying to manipulate the co-parenting schedule (and the other parent) or is frequently late for the custody exchange, the other parent could file for a modification to change the possession schedule. Depending on the circumstances, there may be other legal options, which a child custody lawyer can explain.
I want to get equal parenting time but haven’t been the best parent in the past. What can I do?
You need to show the judge you’ve made a concerted effort to improve your parenting skills and that your intent is pure. Once you’re able to show that your sincere goal is to play an equal role in your child’s life—from decision-making to spending quality time together—you may be able to work up to a 50/50 arrangement at some point but it won’t happen overnight.
That transition (from part-time parent to super parent) takes time, both for the parent personally and in the judge’s eyes. If you know you haven’t been the best parent in the past, taking parenting classes is a great first step. We also recommend working with a family counselor or therapist to learn strategies for healing and expanding the parent-child relationship.
