Myth vs. Reality When Custody Is Equally Shared
What’s the reality when it comes to so-called “50/50” custody arrangements in Texas? Are they the rule in Texas? Does joint managing conservatorship (the Texas term for joint custody) guarantee equal time with each parent? Are the courts inclined to simply order a 50/50 split in custody when there are disputes? Does a 50/50 split mean that neither party has to pay child support?
Shared Custody the Exception Rather than the Rule in Texas and Nationwide
There’s a common misperception that most states now commonly grant equal or shared custody of minor children in a divorce. According to national sources, though, depending on the location, shared custody is granted anywhere from 10% to 34% of the time. Fathers nationwide get primary custody about 20% of the time and mothers get primary custody anywhere from 50% to 70% of the time.
The Myths and Realities about Equal or 50/50 Custody in Texas
The biggest myth about custody in Texas is that the Lone Star State is a 50/50 custody state. In fact, there is no legal presumption in Texas that parents will get or will be entitled to equal custody. The most common custody arrangement in Texas finds one parent with primary physical custody and the other parent with visitation/custody, which often equates to about a 60/40 or a 70/30 split in time with the children
It’s also commonly believed in Texas that “joint managing conservatorship” means equal custody. Conservatorship refers specifically to what in many other states is called “legal custody,” which addresses only legal rights and involvement in decision-making.
Judges in Texas are typically reluctant to order equal or 50/50 custody unless there’s solid evidence of shared parenting, minimal conflict and an ability to work cooperatively.
Finally, just because the parents share custody does not mean no one pays child support. In most instances, the more highly compensated parent will contribute some level of financial support to the other parent.
Contact DTX Family Law for Sound Advice in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures, including any issues related to college funding in a divorce proceeding. 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 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 and North Richland Hills