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50/50 Custody for Fathers in Texas: Legal Insights and Strategies for Equal Parenting Time
Think fathers can’t get 50/50 custody in Texas? Think again. Ending a relationship is hard, but when kids are involved, the stress multiplies. Instead of a clean break, parents often stay entangled for years. And while every case is unique, the myth that dads have little chance of equal custody still lingers. While this may have been true in the past — and even in certain cases today — the law regarding custody for fathers has changed significantly over time. Let’s break down the truth behind this belief and what you need to know about getting 50/50 custody in Texas.
Do Fathers Have Less Chance of Winning Custody in Texas?
There was once a time when you could fully expect a mother to come out on top in most Texas child custody hearings. That’s because there was an assumption that the mother was better suited to care for a child at home while the father worked. While this idea has its proponents, it’s become outdated in the legal arena. More women are working than ever, and men are spending more time with their children than in the past.
Does this mean the chances of a father getting 50/50 custody in Texas are increased? That all depends on the circumstances of a case. For instance, a mother will likely secure a better outcome if the child is young and breastfeeding. After all, this situation essentially dictates that the mother have more time with her child. Devoid of such a situation, however, fathers now have an increased chance of securing 50/50 custody in Texas courts.
Physical Possession vs Conservatorship
There are essentially two types of child custody in Texas. We call them physical possession and conservatorship. You may have also heard these referred to as physical custody and legal custody, respectively. Physical possession refers to who the child stays with at any given time. Securing a 50/50 split for this type of custody can be difficult in court. Texas law presumes that a standard possession order — where one parent’s residence is designated as the child’s home — is in the child’s best interest.
Custody Types
- Physical Possession: Refers to who the child lives with at any given time.
- Conservatorship: Refers to the right to make decisions about the child’s education, religion, and healthcare.
A father’s chance of 50/50 custody is increased regarding conservatorship. This is the right of a parent to make important decisions — such as those about education, religion, extracurricular activities, and healthcare — for their child. Texas law presumes that having both parents make these decisions is in a child’s best interest. This is why it’s typical for a 50/50 conservatorship arrangement to accompany a standard possession order.
Factors Considered in Custody Decisions
When courts decide on custody arrangements, they evaluate several factors to determine what’s in the best interest of the child. A table format can better explain these:
| Factors Considered | Explanation |
|---|---|
| Child’s Wishes | Considered if the child is of a certain age and maturity |
| Emotional and Physical Needs | Focuses on the current and future needs of the child |
| Parental Abilities | Assesses each parent’s ability to provide a stable, nurturing environment |
| Stability of the Home | Evaluates the safety and stability of each parent’s living situation |
| Acts or Omissions by the Parent | Looks at any harmful or neglectful behaviors by either parent |
| Plans for the Child | Reviews the plans each parent has for the child’s education, living, and health |
Seeking a Positive Outcome in Texas Child Custody Cases
A father’s best chance for a 50/50 custody arrangement in Texas is to agree with the mother. Texas courts typically prefer parents to create their arrangements rather than go through the confrontational nature of a trial. Of course, even custodial agreements reached by the parents will need first to be approved by the courts.
If two parents cannot reach a custody decision amicably, they must prove why 50/50 custody or another arrangement is in the child’s best interest. This can be an uphill battle for fathers — particularly if they spend less time with their kids or leave them in the marital home with their partner. Our law firm can help you better understand your situation and how fathers can increase their chances of 50/50 custody in Texas.
Fathers’ Custody in Texas FAQ
How can a dad win custody in Texas?
In Texas, as in many states, custody decisions are based on the best interests of the child. There’s no presumption in favor of either parent based on gender. A father seeking custody should demonstrate that he is capable of providing a stable, nurturing environment that meets the child’s physical, emotional, and educational needs.
Factors considered include the child’s wishes (if they are of a certain age and maturity), the emotional and physical needs of the child now and in the future, the emotional and physical danger to the child now and in the future, the parental abilities of the individuals seeking custody, the programs available to assist these individuals to promote the best interest of the child, the plans for the child by these individuals or by the agency seeking custody, the stability of the home or proposed placement, the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one, and any excuse for the acts or omissions of the parent.
Demonstrating active involvement in the child’s life, a willingness to foster a positive relationship between the child and the other parent, and providing a stable home environment are essential factors.
How hard is it to get joint custody in Texas?
Joint custody, known in Texas as “joint managing conservatorship,” is common. It doesn’t necessarily mean equal time with the child but rather that both parents share in making major decisions about the child’s life (such as education, medical care, and religious upbringing).
The difficulty in obtaining joint custody depends on the case’s specifics, including the level of cooperation and agreement between the parents. If both parents agree to joint custody and the court finds it in the child’s best interest, it’s usually granted.
What is 50/50 custody vs joint custody?
50/50 Custody refers to an arrangement in which the child spends equal time with both parents. It’s a form of physical custody.
Joint Custody (Joint Managing Conservatorship): In Texas, this term primarily refers to sharing decision-making responsibilities and rights regarding the child’s welfare. It doesn’t necessarily imply a 50/50 split in physical custody.
What is the Texas Joint Custody Schedule?
Texas does not have a mandatory joint custody schedule. Instead, schedules are determined based on the child’s best interests and the family’s circumstances. Common schedules include:
- Alternating weeks
- 2-2-3 rotation (two days with one parent, two with the other, then alternating weekends)
- Extended weekends (weekdays with one parent, weekends with the other)
The arrangement can be customized to fit the child’s needs and the parents’ schedules. The Standard Possession Order (SPO) is often used as a starting point in Texas. It provides a schedule for parents to follow but can be modified to suit the family’s needs.
Attorney Daryl Longworth is a family law attorney licensed by the State Bar of Texas. He is the senior attorney at The Longworth Law Firm in Houston, Texas. Mr. Longworth is a graduate of the University of Houston Law Center. Prior to becoming a licensed attorney focusing on divorce law and family law in Texas, Mr. Longworth was a police officer for the Houston Police Department.