Divorce is almost always emotional, stressful, and complex, and when children are involved, the question of equal custody becomes a hot topic. In Texas, equal 50/50 custody has gained more attention as more parents are seeking a balanced and shared responsibility in their children’s lives post-divorce. A recent bill to attempt to help support parents by providing more equal custody options was Texas House Bill (H.B) 803.
In this blog, our dedicated Texas family law attorneys at C.E. Borman explore the likelihood of achieving equal custody and the factors that play a role in Texas family law.
Is Texas a 50/50 custody state?
Equal 50/50 custody refers to a parenting arrangement where both parents share equal time and responsibilities for their children.
Texas H.B. 803, which has been called the “equal parenting bill” was introduced to revolutionize family law in the state by proposing 50/50 custody of the children for both parents.
However, the bill wouldn’t guarantee equal custody for both parents and ultimately, died in committee.
But the momentum the bill gained signaled a turning point for family law reform in Texas.
How Custody Works in Texas Family Court
The first step in understanding the nuances of custody agreements in divorce proceedings is understanding specific terminology that you will likely hear in court. In a Texas divorce, child custody is called a “conservatorship.” A conservatorship is used to describe a parent’s legal rights and responsibilities. Texas courts name a child’s custodian parent as a “conservator.”
In Texas, the legal presumption is that parents are to act as “joint managing conservators” unless the court believes an alternate arrangement is best suited for the child.
The most important concern for the court in deciding on a conservatorship plan is what is in the best interest of the child.
Chances of father getting 50/50 custody in Texas
The focus of the bill was to, first and foremost, prioritize the safety and stability of children. H.B. 803 was introduced to encourage parents to share equally in the rights and duties of raising children after the couple has separated or divorced. Legislation like H.B. 803 has long been advocated for by fathers’ rights groups to fight the historical misconception that custody of children should always go to the mother by default.
The introduction of legislation like H.B. 803 can be seen as a step in the right direction to a true equal parenting bill.
How Do I Know If Equal 50/50 Custody is Right for My Child?
The well-being of children is at the forefront of decisions made by Texas courts in divorce and child custody cases. The first question to ask when seeking an equal 50/50 custody agreement is: what is in the best interest of my child? The following should be considered:
- The child’s needs
- Work/school schedules
- Extracurricular activities
- Stability of homes
- Age of the child
It can’t be stressed enough that the court’s conservatorship-granting process has an emphasis on advancing the well-being of children involved in these cases. Remember that each family situation is unique, and what works for one may not work for another. It’s crucial to approach the decision with a focus on the child’s best interests.
If there are challenges, seeking guidance from a Bryan, Texas family law attorney can help in finding the solution that’s best for your family.
Get Legal Help With Child Custody Arrangements from C.E. Borman
In a nutshell, the chances of getting equal 50/50 custody are dependent on the parent’s willingness to reach an equal parenting agreement if it’s in the best interest of their children.
With legislation like Texas House Bill 803 being introduced, it can be difficult to keep up with the evolving Texas child support laws. It’s essential to consult with an experienced attorney to navigate the child custody process if you have questions about your situation.
Our attorneys at C.E. Borman can help you make important decisions about child custody and negotiate a fair agreement. Get in touch with us today — we’d love to help.
