50/50 Custody in Texas: What You Need to Know

When parents separate, one of the biggest concerns is how to divide parenting time. An arrangement that is quickly becoming more popular is 50/50 custody. However, 50-50 custody is not included in the Texas Family Code, and arranging this type of schedule may be confusing. In this article,  we will explain what 50/50 custody means and how to arrange it in Texas.

Does Texas Recognize 50/50 Custody?

Yes, although it is not outlined in the Texas Family Code, Texas courts may allow 50/50 custody arrangements if it is in the child’s best interest.

Does Joint Custody Mean 50/50 Custody?

Not exactly. “Joint custody” means that both parents share the responsibility for raising their child. This can be split into two types:

• Joint Legal Custody: Both parents have equal rights to make important decisions about their child’s upbringing, like education and healthcare.
• Joint Physical Custody: This refers to the physical time the child spends with each parent.

While joint custody often leads to 50/50 arrangements, they are not the same. Joint custody doesn’t always mean the time spent with each parent is exactly equal.

Do You Still Have to Pay Child Support if You Share 50-50 Custody?

It is a common misconception that parents don’t have to pay child support if they have a 50/50 schedule. However, even with a 50/50 custody arrangement, child support may still be required. Texas law takes into account the financial needs of the child as well as the income of both parents. Even with a 50/50 arrangement, child support depends on various factors including each parent’s income and expenses.

Standard Possession vs. 50-50 Custody

In Texas, the most common custody arrangement is found in a “Standard Possession Order.” This schedule is outlined in the Texas Family Code and is often used when parents cannot agree on a different arrangement. It typically gives the non-custodial parent possession on the first, third, and fifth weekend of every month, Thursday evenings, and extended time during summer vacations and holidays. Below is the 2024 Standard Possession Calendar.

 

 

 

50/50 custody involves an equal split of time which can look different depending on the parents’ schedules and the child’s needs. It is often more balanced than a Standard Possession Order but requires careful planning and communication.

What Does a 50/50 Custody Schedule Look Like?

50/50 custody is a rather creative arrangement, and there are several ways to set up this type of schedule. For example, here are two common types of 50/50 schedules:

Every Other Week

One parent has the child for a full week, then the other parent has the child for the next week. Some parents may decide this type of schedule and create an extended version by alternating between two-week periods instead of one.

Sun.	Mon.	Tues.	Wed.	Thurs.	Fri.	Sat.
Parent A	Parent A	Parent A	Parent A	Parent A	Parent A	Parent A
Parent B	Parent B	Parent B	Parent B	Parent B	Parent B	Parent B

2-2-3 Schedule

The child spends two days with one parent, two days with the other, and then alternates weekends.

Mon.	Tues.	Wed.	Thurs.	Fri.	Sat.	Sun.
Parent A	Parent A	Parent B	Parent B	Parent A	Parent A	Parent A
Parent B	Parent B	Parent A	Parent A	Parent B	Parent B	Parent B

Each schedule can be adjusted to fit the family’s needs, including school schedules and parents’ work commitments.

How Does 50/50 Custody Affect Summer Possession and Holidays?

When it comes to summer possession and holidays, 50/50 custody arrangements require additional planning to ensure fairness and consistency. For example, with a 50/50 custody arrangement, summer break can be divided between both parents. Common approaches for summer possession include alternating weeks throughout the summer or alternating extended periods to allow parents to take vacations or trips.

Holiday schedules can be more complex in a 50/50 arrangement. Typically, parents alternate holidays each year to ensure that both get to spend time with the child during special occasions; however, some parents may choose to split the entire day to allow the child to spend the holiday with each parent.

What Are the Pros and Cons of 50/50 Custody?

Considering a 50/50 schedule, it is important to consider the pros and cons of this type of arrangement. Some of the benefits of a 50/50 schedule include:

• Balanced Time: The child spends equal time with both parents, which can strengthen relationships.
• Reduced Conflict: Shared responsibility can reduce tension between parents.
• Consistency: Children can have a more balanced experience with both parents.

On the other hand, some of the issues with a 50/50 schedule include:

• Logistics: Managing two households and schedules can be challenging.
• Stability: Constantly moving between homes might affect a child’s sense of stability. In contrast, a Standard Possession Schedule allows a child to have a “primary” home.
• Communication: Requires high levels of cooperation and communication between parents. A 50/50 schedule may not be ideal for parents who struggle with communication.

Need Help with Custody Issues?

Navigating custody arrangements can be complex and emotional. At Varghese Summersett, our experienced family law attorneys are here to help you understand your rights and options. Call us today at (817) 900-3220 to discuss your case and get the support you need.