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.

What is 50/50 Custody?

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 a 50/50 custody arrangement. 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.

How Can an Attorney Help Me with 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 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.