Texas courts prioritize arrangements that serve your child’s best interests. While the state doesn’t use the term “50/50 custody,” courts do award equal parenting time when both parents meet specific legal standards. Understanding what judges evaluate helps you build a stronger case and navigate custody decisions with confidence. Smith & Bledsoe Family Law helps parents throughout Austin and Central Texas understand these factors and pursue custody arrangements that work for their families.
Why Choose Smith & Bledsoe Family Law
When custody disputes arise, you need attorneys who understand how Texas courts think. Smith & Bledsoe Family Law brings deep experience in family law disputes, including complex custody cases. Managing Partner Christian Smith earned recognition as a Texas Super Lawyers Rising Star in 2023 and 2024, and was named an Austin Monthly Top Attorney in 2023. The firm’s team includes experienced trial attorneys ready to advocate for your parental rights.
Beyond credentials, Smith & Bledsoe Family Law offers something many firms don’t: local knowledge. Our attorneys work regularly with Travis County judges and understand how they approach custody decisions. We’ve handled challenging cases that other attorneys decline, and we bring aggressive advocacy to every client matter. When your relationship with your children is at stake, you deserve representation from attorneys who take your case seriously.
Does Texas Recognize 50/50 Custody?
Texas law doesn’t use the phrase “50/50 custody.” Instead, courts award “joint managing conservatorship” (legal custody) and determine “possession and access” (physical custody time). This distinction matters because it affects how courts approach equal parenting arrangements.
Texas courts presume that the Standard Possession Order (SPO) serves children’s best interests. The SPO typically gives one parent primary custody with the other parent receiving regular visitation. To get equal parenting time, you must show the court that 50/50 arrangements actually serve your child better than the standard schedule.
Here’s the key point: courts will order 50/50 custody when both parents request it and the arrangement genuinely benefits the child. But if one parent opposes equal time, you’ll need to prove it’s in your child’s best interest. This is where experienced family law representation becomes critical.
What Factors Do Texas Courts Consider for 50/50 Custody?
The Best Interests of the Child Standard
Texas courts apply the “best interests of the child” test when making custody decisions. This standard requires judges to evaluate multiple factors, including:
- The child’s physical and emotional needs
- Stability and continuity in the child’s life
- The relationship each parent has with the child
- Each parent’s ability to meet the child’s needs
- Any history of abuse, neglect, or family violence
- The child’s preference (if the child is old enough to express one)
Courts don’t focus on what parents want. Instead, they focus on what serves the child. Understanding these factors is essential when pursuing equal parenting time. For a comprehensive guide on how courts evaluate these factors, review our custody evaluation preparation guide.
Parental Involvement and History
Courts examine how involved each parent has been in the child’s life. This includes:
- Participation in school activities and educational decisions
- Involvement in medical care and health decisions
- Engagement in daily childcare and routine activities
- Consistency in maintaining the parent-child relationship
If you’ve been actively involved in your child’s life, document it. Courts reward parents who demonstrate genuine commitment to their children’s well-being. This is particularly important in contested custody modification cases. Fathers pursuing custody should especially focus on documenting their involvement and commitment.
Geographic Proximity and Logistics
The distance between parents’ homes significantly affects whether 50/50 custody works. Courts consider:
- How far apart the parents live
- Whether equal time-sharing disrupts the child’s school
- Impact on the child’s extracurricular activities and friendships
- Feasibility of the proposed schedule
If parents live 30 minutes apart, 50/50 custody is more practical than if they live in different cities. Courts won’t order arrangements that constantly uproot children or create logistical nightmares. For parents considering relocation or long-distance co-parenting, this factor becomes even more critical.
Stability and Continuity
Children thrive with stability. Courts evaluate:
- Housing stability for each parent
- Employment stability and work schedules
- The parent’s personal stability and lifestyle
- Whether the proposed arrangement maintains the child’s routines
A parent with unstable housing or frequent job changes faces challenges in securing 50/50 custody. Courts want to know that both parents can provide consistent, stable environments. This is why building a strong custody case requires demonstrating long-term stability.
Common 50/50 Custody Schedules in Texas
Parents who share equal time use various schedules depending on their circumstances:
- Every-other-week: One parent has the child for one week, then the other parent has the child the next week
- 2-2-3 rotating: Two days with one parent, two days with the other, then three days with the first parent (pattern repeats)
- 3-4-4-3 schedule: Three days, four days, four days, three days (alternating longer periods)
- Hybrid schedules: Custom arrangements that accommodate work schedules, school, and activities
The best schedule is one that both parents can sustain long-term. Courts prefer practical arrangements over theoretical ones. For more information about custody schedules and visitation arrangements, consult with an experienced family law attorney.
How Child Support Works with 50/50 Custody
Many parents assume that 50/50 custody eliminates child support. That’s not how Texas law works.
Child support is calculated based on both parents’ incomes and the custody arrangement. With true 50/50 time-sharing, child support may be reduced or offset, but it doesn’t disappear automatically. Courts still consider multiple situations that include each parent’s income and earning capacity, the child’s actual needs and expenses, healthcare costs and insurance, and childcare expenses.
The court’s focus remains on ensuring the child’s needs are met, not on making the arrangement convenient for parents. If you need to modify an existing child support agreement, the courts can adjust payments based on changed circumstances. Learn more about child support calculation in Texas to understand how your specific situation may be affected.
Frequently Asked Questions
Can both parents get 50/50 custody if they agree?
Generally yes. When both parents agree that equal time-sharing serves the child’s best interests, courts typically approve the arrangement. Agreed-upon custody orders move through the system faster than contested cases. This is why understanding collaborative divorce approaches can be beneficial for families seeking amicable solutions.
What if one parent wants 50/50 but the other doesn’t?
The parent seeking equal time must prove it’s in the child’s best interest. You’ll need to present evidence about multiple factors, including parental involvement, stability, logistics, and the child’s needs. This requires building a compelling case. Our attorneys can help you strengthen your custody case in court with strategic evidence presentation.
Does 50/50 custody mean equal child support?
No. Child support calculations depend on both parents’ incomes and the specific custody arrangement. Courts may reduce or offset support, but won’t eliminate it based solely on equal time-sharing. For detailed information, see our guide on how to get child support reduced in Austin, Texas.
How do Texas courts handle 50/50 custody with young children?
Courts are cautious with very young children, preferring more time with the primary caregiver. As children age and become more independent, equal arrangements become more feasible. A court might award 50/50 custody for a 10-year-old but hesitate with a 2-year-old. For parents dealing with temporary custody arrangements, understanding how courts transition to permanent orders is essential.
Can a 50/50 custody order be modified later?
Yes. If circumstances change substantially, such as job relocation, health issues, or changes in parental involvement, either parent can request a modification. Courts modify orders when the change serves the child’s best interests. Learn more about custody order modification in Texas and how to navigate the modification process.
What happens if a parent violates a 50/50 custody order?
Violations can result in contempt of court charges, modification of the order, or other remedies. Courts take custody order violations seriously because they affect children’s well-being. If you’re dealing with a custody agreement violation, immediate legal action may be necessary.
Call Smith & Bledsoe Family Law To Get Help with Your 50/50 Custody Case
Custody decisions are complex and fact-specific. What works for one family may not work for another. The factors courts consider require careful analysis and strategic presentation.
Smith & Bledsoe Family Law helps parents throughout Austin and Central Texas navigate custody disputes. Our attorneys understand what Texas courts look for and how to build compelling cases. Whether you’re pursuing 50/50 custody or defending your current arrangement, we’re ready to advocate for your parental rights.
Contact Smith & Bledsoe Family Law today to discuss your custody situation. Call (512) 277-3166 to schedule a consultation with an experienced family law attorney.