The Ins-and-Outs Of 50/50 Custody Or Possession

Many parents are leaning towards 50/50 possession. Currently, no specific law exists in Texas that requires parties exercise 50/50 possession.

In fact, under Texas Family Code Section 153.252, “in a suit, there is a rebuttable presumption that the standard possession order in Subchapter F:

1) provides reasonable minimum possession of a child for a parent named as possessory conservator or joint managing conservator; and 2) is in the best interest of the child.”

However, despite this rebuttable presumption, parties can still agree to 50/50 possession if they believe it is in the best interests of their family situation.

The 50/50 schedule can mean a couple of different situations, depending on the scheduled of the parents:

Every Other Week

One commonly used schedule for equal possession is every other week schedule. This schedule means that one parent has the child for one week from Sunday through Sunday while the other parent has possession of the child for the next week from Sunday to Sunday.

Scheduling is much easier when it comes to an every other week schedule, but this schedule does present some conflicts and issues. If the parents do not live in close proximity to each other or even in the same school district, this schedule can force the child to endure a long commute to school every other week.

If the child does activities after school or is in sports and the other parent does not live in the area, he or she may not be cooperative in encouraging the child to continue those activities during that time.

Further, it can be quite difficult for parents to go for an entire week without seeing their child. It is for this reason that some parents who are close to their child prefer to not have this type of possession schedule.

Thursday Through Sunday

For parents who do not want to go for a week without having time with their child but still give the other parent equal time with their child, the Thursday through Sunday schedule is often used.

The parent who is getting the child on Thursday can pick that child up from school each week and then drop him or her back off with the other parent on Sunday evening.

However, the child will still need to go to school on Fridays, which means the other parent will need to commute with the child to school for that one day, unless the child is younger and not in full-time school.

In addition, this schedule can leave the one parent who has the child during the school week stuck doing the day-to-day tasks, such as school, work, and homework, while the other parent gets to have the child home with him or her during the weekend and do fun activities.

For these parents, the next type of schedule is often best.

The 2-2-3 Schedule

The other type of schedule utilized by parents in a 50/50 possession schedule is the 2-2-3 schedule. In this type of schedule, the child will stay with one parent for two days of the week, then stay with the other parent for the following two days, and then stay with the first parent for three days.

This schedule gives parents the opportunity to each having weekend time with their child. However, the problem with this schedule can be that it involves a lot of exchanges and little stability to the child’s routine.

If the parents live close together and can keep the child in the same or similar routine as the other parent, it is a possibility. Further, if the parents are good at co-parenting and can work well together in terms of flexibility, this arrangement can work.

Speak With An Experienced Texas Custody Attorney Today

No situation is ideal. However, if you and the other parent are interested in discussing a 50/50 possession schedule, an attorney can help you come up with the best plan for your situation.

Both parents should be involved in the child’s or children’s lives, and the decision should always consider what is in the best interest of the child. If you and the other parent can come to this agreement on your own instead of through the court, that is always best.

To work out a possession schedule for your situation, please contact family lawyers at Scott M. Brown and Associates. You can reach us by calling 281-972-4386 today. We have offices in Angleton, Houston, and Pearland.

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