50-50 POSSESSION IN TEXAS

One of the questions I receive most often in my law practice is, “If I go to court, can I get 50-50 child custody with my kids.” In my experience as a Central Texas Family Lawyer I have only had three cases in 13 years where the judge ordered a 50-50 child custody arrangement. All three of these cases were people who had been separated, found a 50-50 possession schedule online or from their friends and had been exercising it for a considerable amount of time prior to the court hearing. Judges typically follow the Texas Family Code and assign one parent as the conservator who has the exclusive right to designate the primary residence. This right is what people refer to as “custody” of my child. The person who designates the primary residence of the child is the custodial parent. The non-custodial parent will be awarded possession of the child.

Is Child Support Required in 50/50 Custody Cases in Texas?

In Texas, child support can still be required even when custody is shared equally (50/50) between parents. This situation arises particularly when there is a noticeable difference in the income levels of the two parents.

Key Factors to Consider:

• Income Disparity: When one parent earns significantly more than the other, the higher-earning parent may be required to provide financial support to ensure the child’s needs are adequately met.
• Court’s Decision: The court evaluates the financial circumstances of both parents and determines whether child support is necessary to ensure the child’s well-being.
• Standard of Living: The goal is often to maintain a comparable standard of living for the child across both households.

Important Points:

• Financial Stability: The primary focus is on the child’s best interest, ensuring they have access to the necessary resources regardless of which parent they are with.
• Case-by-Case Basis: Each custody and support case is unique, and the court’s decision is based on a comprehensive assessment of all relevant factors.

By understanding these nuances, parents can better navigate their responsibilities and ensure compliance with Texas child support laws.

Understanding 50/50 Custody in Texas Family Law

What is 50/50 Custody According to Texas Family Law?

In Texas family law, 50/50 custody denotes an arrangement where both parents share equal physical custody of their child. This means the child’s time is divided as equally as possible between both parents.

Key Elements of 50/50 Custody:

1. Equal Time Split: The child spends an equal amount of time with each parent.
2. High Level of Cooperation: Both parents must actively cooperate and coordinate to ensure a seamless schedule that considers:
   • The child’s school and extracurricular activities.
   • The age of the child.
   • Each parent’s living situation.

Parental Responsibilities:

• Planning and Flexibility: Parents need to work together to plan visitation schedules that align with the child’s needs and daily routines.
• Child’s Welfare Focus: The primary focus is on the child’s welfare. Both parents must be willing to:
  • Set aside personal differences.
  • Commit fully to the child’s upbringing and well-being.
  • Maintain a consistent living standard across both homes to provide a stable environment for the child.

Achieving a 50/50 custody arrangement is a delicate balance that requires both parents to work collaboratively, ensuring that the child’s needs are the top priority at all times.

Establishing Initial Child Support Orders in 50/50 Custody Cases

Creating child support orders for 50/50 custody cases involves assessing both parents’ incomes and the specific needs of the child. This approach aims to maintain a consistent standard of living across both households, ensuring the child’s well-being.

Key Steps in the Process:

1. Evaluate Financial Situations: Courts take into account each parent’s earnings, expenses, and overall financial health.
2. Consider the Child’s Needs: This includes everyday necessities, educational costs, and healthcare requirements.
3. Submit a Parenting Plan: Parents must provide a detailed plan to the court that outlines provisions for child, medical, and dental support.
4. Negotiate an Agreement: If parents can amicably agree on how to split child-rearing costs, they can draft their own agreement. It’s crucial to document this agreement in writing and ideally, seek legal advice to prevent future conflicts.
5. Court Approval: Ultimately, any child support arrangement requires court approval to become legally enforceable. Parents cannot independently decide on support amounts without this legal step.

Parents should remember that legal backing is essential for enforcing support orders. Without a court’s approval, any mutually agreed support arrangement remains unofficial and lacks legal weight.

Typical 50-50 Possession Schedule

The most common 50-50 possession schedule is a 5-2-2-5. The basic framework looks like this:

Typically in an Austin child custody arrangement one parent is designated to have every Monday/Tuesday and the other parent is designated to have every Wednesday/Thursday. The weekends alternate and the parents exercise every-other weekend. When drafting these orders I like to have the ending times for each parent be at the time school is dismissed, or at 6:00 p.m. if school is not in session. This allows parents flexibility if their child wakes up on a school day and is sick to stay at home rather than having to rush around looking for the other parent in the morning. Doing the exchange in the afternoon allows for an easier transition. Thanksgiving, Christmas, Spring Break, Mother’s Day, Father’s Day and extended summer visitation (typically agreed upon by the parents or split in even-increments of 14, 21, or 30 days) trump any of the regularly scheduled week.

Factors Influencing Child Support in a 50/50 Custody Arrangement in Texas

In Texas family law, a 50/50 custody arrangement means both parents equally share physical custody of their child. However, this doesn’t necessarily eliminate the need for child support. Here are key factors that influence child support in such arrangements:

Income Disparities

Child support calculations often begin by examining the income levels of both parents. If there is a significant disparity in earnings, the higher-earning parent may still be required to pay child support. The aim is to ensure a consistent standard of living for the child in both households.

Shared Expenses

Both parents in a 50/50 custody arrangement will typically share the costs associated with raising their child. This includes everyday expenses such as food, clothing, and school supplies. However, these shared expenses are taken into account when calculating any potential child support obligations.

Specific Needs of the Child

Unique needs of the child, such as special healthcare requirements or educational expenses, are also influential. The court will consider these needs to ensure that both parents contribute fairly to covering these additional costs.

Broader Financial Responsibilities

The court takes a comprehensive look at each parent’s broader financial responsibilities. This may include other dependents, debts, and any special financial circumstances. These factors help to paint a complete picture of each parent’s financial standing.

Number of Children

The number of children involved in the custody agreement also plays a role. More children may mean more complex financial calculations to ensure that each child is adequately supported.

Custom Approach for Complex Situations

Due to the complexities involved, each 50/50 custody case is assessed individually. The aim is to balance the financial capabilities of each parent with the best interests of the child. This ensures a fair and customized child support arrangement that aligns with the unique circumstances of the family.

Understanding these factors can help parents navigate the complexities of child support in 50/50 custody arrangements. Always consult with a legal expert to get advice tailored to your specific situation.

Reset Provision

In order to keep parents from exercising an entire Thanksgiving period of possession and then immediately having the weekend after Thanksgiving, I like to have an order for a Reset Provision. This reset provision states that any person who has Thanksgiving, the second half of Christmas, Spring Break or exercising any extended summer shall not have the following weekend after those events. This allows the parent who was not in possession of the children during those times to have the first weekend following those events.

50-50 Vs. Expanded Standard

Although judges orders typically do not include 50-50 possession schedules, the Texas Family Code calls for Expanded Standard Possession of children for non-custodial parents. I wrote about what Expanded Standard Possession is in a previous blog post. The difference between Expanded Standard Possession and a 50-50 Possession Schedule is one mid-week period of possession. Instead of only having Thursday overnights and the 1,3,5th weekends, 50-50 allows for a parent to have Wednesday overnight in addition to the Expanded Standard Possession. When trying to get agreements for 50-50 vs. Expanded Standard I try to give expectations and real world time frames for what it is that is being fought for. For example, although it is an “extra” night per week, it only occurs during the school year in most cases and even if it did occur during the summer, a lot of these extra mid-weeks don’t occur because of holidays and summer possession. Thanksgiving, Christmas, Spring Break and extended Summer Possession knock out at least 10 mid-week periods over the course of the year. It’s important to keep this in mind when deciding on litigating this issue or working towards a settlement in mediation.

Exercising a 50-50 possession child custody schedule with the ability to co-parent is one of the most beneficial things that can happen to a child whose parents are no longer living together. The stability of the schedule and ample amount of time spent with each parent helps ensure their emotional well-being is being cared for. A 50-50 schedule allows parents to enjoy in their children’s school, extracurricular activities and weekend plans as much as the other parent.

Does 50/50 Custody Automatically Eliminate Child Support Obligations in Texas?

No, having a 50/50 custody arrangement does not automatically eliminate child support obligations in Texas. The primary objective of the court is to ensure the child’s well-being, and this often involves assessing financial support even when custody is equally shared.

Key Considerations:

• Child’s Best Interests: The court will evaluate what setup best serves the child’s needs, regardless of how custody is split. This means that both parents may still be required to contribute financially to support the child.
• Income Disparities: If there is a significant difference in income between the parents, the higher-earning parent may be ordered to pay child support to help balance the financial stability of both households.
• Additional Costs: Beyond basic living expenses, the court may factor in costs like healthcare, education, and extracurricular activities when determining child support obligations.

In summary, even with a 50/50 custody arrangement, the court’s decision will focus on ensuring that the child’s financial needs are adequately met. This may include ordering child support if deemed necessary for the child’s well-being.

Effective Co-Parenting Strategies for 50/50 Custody Arrangements

Creating a Detailed Parenting Plan

One of the most foundational steps in successful co-parenting within a 50/50 custody arrangement is to develop a comprehensive parenting plan. This document should outline clear guidelines and routines for both parents. Having a set schedule reduces conflicts and ensures that each parent knows their responsibilities, making high-conflict situations more manageable.

Leveraging Technology for Organization

Utilizing online tools and applications can simplify the co-parenting process. Apps like OurFamilyWizard or Cozi can help track essentials such as pickups, medical appointments, and school events. These tools not only keep both parents organized but also reduce misunderstandings and missed obligations.

Enhancing Communication and Collaboration

Fostering Open Communication

Open and effective communication is key to a smooth 50/50 custody arrangement. Here are some strategies to improve communication:

• Work with a Professional: Engaging a coach or therapist can help co-parents convey messages more clearly and understand each other better.
• Treat Co-Parenting Like a Business Relationship: Approach interactions as if you were dealing with a professional colleague. This encourages respect and constructive dialogue.
• Prioritize Active Listening: Practicing active listening and effective communication skills can significantly minimize conflicts.

Collaborative Law Process

Collaborative law involves each parent working with their respective attorneys to reach mutually agreeable decisions. This method places the child’s best interests at the forefront and encourages a cooperative co-parenting relationship.

Setting Clear Agreements and Expectations

Mutual Financial Agreements

In 50/50 custody cases, it’s crucial for parents to establish clear agreements regarding shared expenses. This includes costs not covered by insurance, such as medical and dental bills, as well as extracurricular activities.

Efficient Payment Methods

Using efficient payment methods ensures that child support is paid timely and accurately. Options like electronic payments or wage garnishments can help maintain financial consistency and prevent disputes.

Child-Centric Decision Making

While a 50/50 time split might seem fair, the focus should always be on what’s best for the child. This may mean adjusting schedules or responsibilities to better suit the child’s needs rather than sticking rigidly to equal time-sharing.

By integrating these strategies, parents can create a more harmonious and effective co-parenting environment, ultimately benefiting the well-being of their child.

What Expenses Are Considered in Child Support Calculations for 50/50 Custody Arrangements in Texas?

In Texas, child support calculations for 50/50 custody arrangements take a variety of expenses into account to ensure the child’s needs are adequately met despite the shared custody. Here are the key expenses considered:

1. Basic Living Expenses

• Housing: Rent or mortgage payments associated with providing a home for the child.
• Utilities: Costs for electricity, water, gas, and other essential services.
• Food and Groceries: Regular expenses for nutritious food to meet the child’s dietary needs.

2. Health and Medical Costs

• Insurance Premiums: Health, dental, and vision insurance plans specifically covering the child.
• Out-of-pocket Medical: Expenses for doctor visits, medication, and treatments not covered by insurance.

3. Education-Related Costs

• School Supplies: Textbooks, stationery, uniforms, and other necessary school materials.
• Extracurricular Activities: Costs for sports, music lessons, and other enrichment programs.
• Tuition Fees: If the child attends a private or specialized school.

4. Childcare Expenses

• Daycare Services: For younger children requiring supervision during work hours.
• After-school Programs: For older children needing care and activities in the hours following school.

5. Transportation Costs

• Travel Expenses: Fuel, public transportation fees, or costs related to driving the child to and from school, activities, and between parents’ homes.
• Vehicle Maintenance: Upkeep expenses for a car primarily used for the child’s transportation needs.

6. Recreational and Personal Development

• Hobbies and Interests: Funds for classes, camps, and hobbies that contribute to the child’s personal development.
• Clothing and Personal Care: Regular expenses for clothes, footwear, and personal hygiene products.

Shared Commitment and Flexibility

Maintaining a balanced and fair approach to these expenses is crucial in a 50/50 custody arrangement. Both parents must collaborate to ensure that the child experiences a consistent lifestyle across both homes. This might involve:

• Negotiating Shared Costs: Addressing how to split expenses like insurance premiums and extra-curricular activity fees.
• Adjusting Contributions: Considering each parent’s financial situation to ensure an equitable contribution towards the child’s needs.
• Creating a Detailed Plan: Outlining how expenses will be managed and shared in a written agreement.

By including these diverse costs in the child support calculation, Texas family law aims to provide a stable and nurturing environment for the child, regardless of which parent they reside with at any given time. This structured approach allows both parents to participate actively and equitably in their child’s upbringing.

If you have questions about obtaining a 50-50 schedule please contact Newberry Law, PLLC to request a consultation with a board certified Austin child custody lawyer.