What Are Your Chances of Getting Equal Time with Your Children after a Divorce?
There’s been a trend over the past quarter of a century, with more and more courts willing to grant parents joint physical custody. It’s still clearly the exception rather than the rule, with the majority of custody orders giving one parent primary physical custody and the other parent the right to some level of visitation, typically alternating weekends and holiday, a week or two in the summer and possibly one night a week. What are the chances of getting a court to order that minor children spend an equal amount of time in the home of each parent? What are the circumstances that might lead a court to enter such an order?
What Factors Will the Court Consider When a Parent Requests Joint Physical Custody?
In a study published by Demographic Research, analysts found that even though the incidence of joint physical custody had nearly tripled since 1985, only slightly more than a third of all divorces involving minor children had a joint physical custody arrangement. As a practical matter in Texas, though courts are inclined to order joint legal custody, most physical custody or conservatorship awards convey primary rights to one parent only. The standard possession order in Texas typically means the children spend about 75% of their time with the primary custodial parent, though that can be subject to change, based on the following considerations:
- The best interests of the child—This is always the controlling concern. There may be a number of factors that lead the court to conclude that it will benefit the child to have more equal time with each parent.
- The proximity of each parent to the child’s school and extracurricular activities—The court may be inclined to give more equal access where both parents live close to the child’s community
- The extent to which each parent has been or wishes to remain actively involved in the child’s educational, health, religious or extracurricular endeavors—If both parents were integrally involved before the divorce, the court may find it in the child’s best interests for them to continue that involvement.
Let DTX Family Law Help You with Any Type of Custody Issue
At DTX Family Law, we always put your interests first. We know that effectively resolving custody matters after a divorce can be challenging. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our new website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay