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How common is it to get equal custody of children in a divorce?

On Behalf of | Jul 24, 2023 | Family Law |

Equal custody through a court order can be challenging to achieve in Texas. Often, co-parents with 50/50 custody established it through an agreement outside the court.

An assessment of the state laws regarding custody explains why legal equal custody is less common in Texas.

Equal physical custody vs. joint conservatorship

First, Texas law separates physical possession from the right to make decisions for the child. The court presumes that having both parents manage decisions about the child’s education, health and welfare is in their best interests. However, having joint conservatorship over those decisions does not mean they will have equal physical possession.

How standard possession orders impact equal custody

Texas law also presumes that a standard possession order is best for the children of divorced parents. The purpose of a standard possession order is to provide the child with a single residence after their parent’s divorce. This means one parent will naturally spend more time with the child.

Under a typical standard possession order, the other parent will see the child every other weekend, with Thursday night starting the weekend for extra time.

Getting a 50/50 custody schedule

If parents can agree on a parenting plan that works in the best interest of the child for them to have 50/50 custody, the court will typically honor it. Additionally, if the parents live close to one another, the chances of approval are higher. In general, the chances of a father getting equal custody are lower when the child is under three years.

If you currently face a custody battle, you can fight for equal physical custody.