Shared Custody (50/50)

Asked over 3 years ago - Houston, TX

My ex and I lived together for 3 years and have 2 young kids together. When we seperated I moved out of the house with the kids. We currently don't have anything official through the court system as far as child support or visitation. We've worked this out amongst ourselves. But here recently he has not been paying me the child support as we agreed. I want to take him to court, but he has threatened to request shared/joint custody (50/50). I just can't imagine my kids living with him 50% of the time. When they do see him now, after a few hours, they want to come home. In the 5-6 months we've been separated, he has had them overnight maybe 5 times. What is the likelihood that the courts would grant this type of custody?

Attorney answers (3)

  1. Christopher William Peterson

    Contributor Level 14

    Answered . You really need to get possession, visitation and child support formalized through a court. As far as custody, most courts will not split custody 50/50. They will most likely grant joint custody with one of you being named the primary conservator. The court will likely order a standard possession order, which means that the non-primary parent would get the 1st, 3rd and 5th weekends of the month plus one evening a week and split holidays, although they do not have to use all o0f their allotted time. Who will be named primary is based on what is in the kids' best interests.

  2. Thomas James Daley


    Contributor Level 18

    Answered . It depends on what the court thinks is in the best interest of the children. We have a standard possession order in Texas and it is presumed to be in the best interest of the children. However, that presumption does not apply to children under the age of 3, which your kids appear to be.

    But you need to sue him for child support and get a possession order in place. These informal deals never work out. Ever.

    Hire a local family law attorney because these are complicated issues.

  3. Fran Brochstein

    Contributor Level 17

    Answered . You really need to talk to an experienced family law attorney. All of the options in Harris County Texas are just too complex to try to cover in an email.

    I offer consultations for $2 per minute. If you want to just talk, you can email me at

    I'm not accepting new cases because my mom is very ill. I don't think it's fair to people since my person life is too complicated right now. I think people appreciate it.

    I offer with a great attorney, PATRICIA BUSHMAN. Her phone number is 713-807-9405. I highly recommend her.

    In Harris County, most cases settle without a trial. In Harris County, the courts ORDER you to go to mediation BEFORE trial.

    Good luck!

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