Although Texas law presumes that the standard possession order is in the children's best interest, you can overcome this presumption. If you and your ex are on good terms, you may be able to create a 50/50 custody split in an agreed-upon parenting plan.
As Abby explains, “Texas is fairly open-minded when it comes to dads getting custody. The Expanded Standard Possession Schedule in the Texas Family Code is roughly a 45-55 split. Unless you are clearly an inept parent, it's really difficult not to get an Expanded Standard Possession Schedule in Texas.”
The custodial parent is the one who has primary physical custody of the child. However, in a true 50-50 physical custody arrangement, the IRS has introduced a sort of tie-breaker rule. According to the agency, the parent with the higher taxable income should claim the child.
There are three different child custody or conservatorship options that will be considered by the Texas family court: joint, sole, and third party custody. In most cases, parents are awarded joint conservatorship unless there is a specific reason that it should not be done.
Joint Managing Conservatorship: Texas generally favors joint custody arrangements, referred to as joint managing conservatorship. It allows both parents to share in the decision-making responsibilities for the child.
While it is possible for one parent to win full custody of the children after a divorce, it is usually an uphill climb, legally. Texas courts begin every custody case with the presumption that it's always better for the divorced parents to share custody in a joint managing conservatorship.
Mothers' Rights in Texas Child Custody. Mothers have substantial rights to child custody, regardless of whether they are married to the father or not. In fact, mothers in many ways have more rights than fathers—at least initially.
Although Texas law presumes that the standard possession order is in the children's best interest, you can overcome this presumption. If you and your ex are on good terms, you may be able to create a 50/50 custody split in an agreed-upon parenting plan.
There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody.
Under Texas law, both parents are expected to share custody unless one parent is proven or determined to be unfit. To get sole custody of a child in Texas, a spouse can file for possessory conservatorship (physical custody) or managing conservatorship (legal custody).
While it is the preference of Texas courts to grant joint custody, according to Texas Family Code, Title 5, §153.002, ultimately “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
For example, in some cases, a mother may lose custody of her child because the court believes that it is in the best interest of the child. This can happen if the court determines that the mother is unfit to care for the child due to issues such as drug addiction, mental illness, or neglect.
The most common 50/50 possession schedules in Tarrant County, Texas include: Every other week: Child spends one week with mom, one week with dad, repeat. Thursday through Sunday: Parents exchange the child on Thursdays and Sundays, with some choosing to alternate who has weekdays and weekends.
A father would need to gather evidence and present documentation that there is a history of physical abuse, emotional abuse, sexual abuse, violence, neglect, or another intentional form of misbehavior by the other parent against the child. There is a time restriction, however.
In Texas, both fathers and mothers have equal rights when it comes to their children.
When a child is born to an unmarried couple, the father has no legal rights unless he establishes them, even if the mother names him as the father. With more than 40% of Texas children born to unmarried parents, they do not have a “father” until the man's parental rights are established.
Under Texas law, a parent cannot withhold possession or access to a child because the other parent hasn't paid child support. To do so would be violating a court order.
Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child. Child's relationship with siblings or other family members (and how that would be impacted by the judge's decision)
The questions asked by the judge will vary depending on the age and maturity level of the child, but often focus on the child's living situation, routines, and relationships with both parents.
Under a joint custody agreement, neither parent has the exclusive right to move so far away that it disrupts the other party's access to frequent and continuing contact with their child.
It is important to note, however, that the Collaborative Divorce process and other alternative dispute resolution options allow divorcing parents to structure a parenting plan without either parent being designated as the “primary parent.” In fact, the Texas Family Code provides a statutory alternative in which the ...
Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution. Here's what to consider when negotiating child custody.
Mother's Parental Rights
The issue of a mother's rights comes up when the parents are unmarried or divorcing. Texas used to give mothers priority in child custody decisions, but that is no longer the case. Instead, the court now looks solely at how the facts relate to the child's best interest to determine custody.
According to WalletHub's 2023 report of the most family friendly states in America, Texas ranks 26th overall based on criteria like family fun, health and safety, education and childcare, affordability and socioeconomics. According to WalletHub's analysis, Texas is the 3rd-best state in the country for family fun.
An uncontested custody case could take only a couple of months or less. However, the process can take over a year if it's contested. Many fall between these two extremes, and most parents eventually settle with the help of a mediator. Sometimes there are good reasons to go to a trial on a custody matter.