24 Jun Is Texas a 50/50 Custody State? What You Need to Know
When parents go through a divorce or separation, one of the biggest questions is about child custody. Many people ask, “Does Texas automatically give 50/50 custody to both parents?” The answer is a little more complicated than just yes or no.
What Does 50/50 Custody Mean?
A 50/50 custody arrangement means both parents spend equal time with their child. This can look like alternating weeks or splitting time throughout the week. While this may sound fair, Texas does not always award custody this way.
What Texas Law Says
In Texas, the law does not require courts to give equal time to both parents. Instead, the court focuses on what is in the best interest of the child. That means the judge will look at things like:
- The child’s age and needs
- Each parent’s ability to care for the child
- The child’s relationship with each parent
- Where the parents live
- The child’s school and activities
The court may decide that a 50/50 schedule is best, or it may give one parent more time, depending on the situation.
What Is a Standard Possession Order?
In many cases, Texas courts use something called a Standard Possession Order (SPO). This schedule gives one parent (usually the non-custodial parent) time with the child on certain weekends, holidays, and weekday evenings.
Parents can agree on a different schedule, like 50/50, but both sides must agree, and it still needs to work for the child.
👉 Read our blog on understanding the Standard Possession Order in Texas custody cases.
Can Parents Ask for 50/50 Custody?
Yes. If both parents can work together and live close to each other, they can ask for a 50/50 schedule. Judges may approve it if they believe it benefits the child. But if the parents do not get along or live far apart, 50/50 may not be possible.
Final Thoughts
Texas is not a guaranteed 50/50 custody state, but judges may allow it if it fits the child’s best interest. Every family is different, so the court looks at each case carefully.
If you have questions about custody or want help creating a parenting plan, the team at N Family Law is here to guide you. We will help you find the best path forward for your family.
Need help with child custody in Texas? Schedule a consultation today.