The Likelihood that a Court Will Award Joint Physical Custody
For many parents in Texas divorce proceedings, the most pressing question is the same—what are my chances of getting a 50/50 custody arrangement, where my children spend just as much time with me as they do with my ex? Historically, the courts have given one parent either primary or sole physical custody of the minor children, allowing the other parent some level of visitation. Nationally, that’s started to change, though, with a trend toward shared physical custody. Where do the Texas courts stand on the issue? Can you reasonably expect to split physical custody equally with the other parent?
Shared Custody in Texas—Prospects and Requirements
According to a study conducted in 2021 by Demographic Research, the actual incidence of shared custody more than doubled across the United States between 1985 and 2014, from 13% to 34%. Over the past quarter of a century, the state of Texas has seen an increase in divorce decrees that create some level of shared custody. When making a custody determination, the court must give top priority to the best interests of the child. When making that judgment, the court will typically consider:
- The respective abilities and desires of each parent to provide a safe and nurturing home
- The extent to which the parents can ensure safety and stability in their respective homes
- The present and future emotional and physical needs of the child
- The extent to which either parent has engaged in risky behaviors, such as substance abuse, child neglect or criminal acts
- The specific living arrangements that each parent will provide for the child
- The wishes of the child, typically if the child is 12 or older
We Can Improve Your Chances of Getting a 50/50 Custody Arrangement in Texas
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At DTX Family Law, we built our successful practice by always putting our clients’ needs first. We know that the legal process can be complex and confusing, and 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. We can help you take steps to make the holiday season a positive experience for everyone.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston