A 50/50 schedule can take many forms, but all give each parent possession for precisely 50% of the year.
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.
You may have heard that it is impossible to have 50/50 custody in Texas or that fathers have no chance of getting equal custody of their kids. This is not true. Texas law explicitly states that courts cannot discriminate based on sex when making a custody decision.
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.
It is thought by many that the standard possession order that family attorneys and their clients must adhere to when negotiating visitation schedules is restrictive to non-custodial parents, requiring that custodial parents provide them with only 25% visitation.
In a Rule 11 agreement, you and the other parent can agree about things such as how medical, psychological, and educational decisions are made. This also includes determining where your child will live and which parent will be considered the custodial parent. See Texas Family Code chapter 153.
The most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.
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.
Texas courts favor joint custody. Joint custody means giving both parents access to the child and allowing them to share in the decision-making process for the child's upbringing. In Texas, a parent who is allowed some sort of custody rights is called a conservator.
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.
While 50-50 joint custody is a strong trend, fathers getting full custody can be another matter. But it isn't unheard of for a father in Texas to be awarded full custody of his child or children.
The parent who spends the most time with a child is referred to as having "primary custody." In Texas, child custody is described in terms of "conservatorships." A conservatorship involves the ability to make legal decisions for the child including decisions regarding education, health care, and religious training.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
When the parent is seeking sole custody, the general answer is, “You will need to prove the child is in physical or emotional danger due to abuse, neglect or some other reason.” At Sisemore Law Firm, P.C., we provide representation in child custody matters that are tailored to the unique circumstances of each client.
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)
A judge will study each case, weigh all factors, determine what would be in the child's best interest, and render that decision. Texas courts do not consider some points—such as a parent's marital status, gender, religion, or race—in determining custody.
Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. However, it is important to understand the law when it comes to courts and the discretion the court has when determining child custody.
Full custody, known as sole custody or a sole managing conservatorship in Texas, is when one parent has the legal right to make all decisions regarding the child's welfare, including decisions about education, medical care, and religious upbringing.
Long gone are the days when divorce courts presumed that the mother should automatically receive sole custody rights upon divorce. Most states, including Texas, no longer have a presumption favoring women in custody disputes. Texas courts use a “best interest of the child” standard when awarding custody rights.
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.
Split Custody
Each parent has sole custody of one or more children, and the other parent has it for the remaining children. Split custody is the least common type of arrangement.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
While joint custody and shared custody tend to be used when two separated or divorced parents share the care of their children, and sole custody is when one parent alone cares for the children – there's actually no single way that custody arrangements are set out.
Do fathers have the same rights as mothers in Texas? In Texas, both fathers and mothers have equal rights when it comes to their children. The courts aim to ensure that both parents are involved in the upbringing of their children and make decisions that are in the best interests of the child.
Texas Law. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation.