What is the most common 50/50 custody arrangement in Texas?
5 attorney answers
The most common 50/50 schedule that we use is the 5-5-2-2 schedule. One parent has possession on Monday and Tuesday. The other parent has possession on Wednesday and Thursday and the parties alternate Friday, Saturday, and Sunday. Another common schedule is alternating weeks.
There really isn't a standard 50/50 custody arrangement. The arrangement I see most of the time is switching every other week between parents. You will have to see what works for your family. You need to be sure that you understand the obstacles of 50/50 custody. For example, both parents usually have to agree to remain in the same school district to allow easy commute for the children to get back and forth to school.
I have also seen an agreement where one parent gets Monday - Thursday and the other parent gets Thursday - Monday the first week and Saturday - Thursday for the first parent and Thursday - Saturday for the other parent the next week. This was recreated because one parent worked out of town each week Monday - Thursday. Another family had a visitation schedule which switched possession every 4 days to accommodate a parent's work schedule where they worked 4 full days and were off 4 full days.
I wish you luck at mediation.
Rebecca Rowland is an affordable attorney serving Harris and its surrounding counties. She accepts primarily family law cases with low retainers and monthly payment plans. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Rebecca's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. If you would like to speak or email Rebecca please click the button. FREE 30 minute consultation if you live in Texas.
50/50 custody arrangements are atypical arrangements but when they work it is usually on an alternating week or alternating partial schedule like the 5-5-2-2 schedule. These schedules take a lot of cooperation between the parents and can be disruptive to the kids. The best schedule is the one that works for the parents and children in your particular situation.
The most common I'd say is the "standard possession order" (SPO) listed out in the Texas Family Code, as it's used as the standard default in many orders. But know age/development of the child is a huge factor; is the child still nursing? Are they now in school, etc. All play a part in modifying an SPO. Start with the SPO and offer up some changes depending on your desires and schedules
An expanded possession order is 48/52 split. There are many varieties of visitation orders. Keep in mind that it is hard on children to have to carry their backpack around with them all the time. It's nice when they can know where they are sleeping for a few days at a time.
If money permits, the kid can stay in one place & the parents can move in & one -- not usually done but a few financially able families have done it. It's the best solution for the children.
Mediation allow creative solutions to a difficult problem.
Fran Brochstein has been a licensed Texas attorney over 23 years & has an active mediation practice. She also accepts a limited number of uncontested family law cases at a flat-rate price. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
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