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What is the possibility for 50/50 custody?

San Antonio, TX |

I have a nine month old son with a man whom I was never married to. I recently filed for child support due to new costs pertaining to day care. My son sees his father every other weekend while I work for a total of 36 hours a month. He has gone on one trip with his father and stayed the night out of town but has never stayed the night at his fathers apartment. His father has never financially helped out. Since receiving the paperwork from the AG, his father is now wanting 50/50 custody and is hoping to come to an agreement in mediation and avoid court altogether. I am not okay with 50/50 custody since my son has spent 90% of his life with me. I offered joint custody and keeping the same schedule that we currently have. What is the possibility of going to court and him being awarded 50/50?

Attorney Answers 2


  1. If the AG is involved because you filed for government assistance there will be a court order. Going to court is unavoidable.

    As young as your child is it is unlikely the court will give the father a tremendous amount of visitation time now but as your child gets older that can change.


  2. Visitation for children under three is completely up to the court. Some courts order 50:50 and others are much more restrictive. HOWEVER, in AG cases, the AG ONLY writes up standard possession orders. If he wants more, he will have to appear before the IV-D judge and explain why getting more time than the standard possession order is in the child's best interest.

    Many obligors (people ordered to pay child support) want a 50:50 deal because they have the mistaken belief that they won't have to pay child support. That's not how it works.

    I wouldn't worry about him getting a 50:50 possession schedule in IV-D court, which is where you are if the AG is bringing the case.

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