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Chances of Getting 50/50 Custody in Texas

By February 26, 2024March 26th, 2024No Comments

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.

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.

Understanding 50/50 Custody in Bryan, Texas

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.

What the Equal Parenting Bill Meant for Parents in Texas Divorce and Child Custody Cases

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.

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