Texas 50/50 Custody Bill Explained

l custody, the mother is usually the custodial parent, while the father is the non-custodial parent. The custody schedule often consists of weekends and possibly one weeknight plus rotating holidays. That arrangement does not give the non-custodial parent much time to spend with their children. 

While the Texas family code does not include a 50/50 custody bill as of yet, it does provide for joint custody, and 50/50 custody in Texas is becoming more common as the children have more time to bond with both parents. 

The experienced child custody lawyers at Cordell & Cordell can guide you through custody negotiations or represent your interests during a litigated custody battle. 

Background of the 50/50 Custody Bill 

Texas HB 803 was introduced in April 2021, but never left the committee. However, Texas courts generally order 50/50 custody when the parents request it, as, in most cases, it is in the best interests of the children. If the court does not believe it to be in the child’s best interest, it will order either joint custody or sole custody. 

The bill attempted to codify the acceptance of equal joint custody by allowing no more than five days difference in custody days for each parent. The shortfall, if any, would alternate years. The bill would have amended the current child custody statutes; thus, a parenting plan would still be required. 

Key Provisions of the Bill 

The presumption of custody in Texas is joint custody. However, with the introduction of HB 803, the presumption would change to equal joint custody. In child custody cases where equal joint custody is not in the best interests of the children, the court would order another form of custody based on the circumstances. 

Some of the factors a court might consider when contemplating equal joint custody include: 

• The best interests of the children 

• The wishes of the child 

• The work schedules of the parents 

• Domestic violence against a parent 

• Domestic violence against the child 

• Drug or alcohol abuse 

• Whether a parent is incarcerated 

Potential Benefits of 50/50 Custody 

Equal parenting time and decision-making are more often in the child’s best interest. The child’s life is more rounded due to the amount of time spent with the mother and father. This allows the child to form healthy bonds with both parents. Both would share participation in the child’s upbringing. 

Thus, parents who share 50/50 custody must be able to agree on several factors, including healthcare, education, religion, and the child’s well-being. Texas law is lenient on how the parents determine to share the time, other than the requirement that ‘neither parent has more than five additional days per year with the children. 

Using a parenting plan, the parents can create a visitation schedule for major holidays and birthdays, education and religious boundaries or requirements, and more. 

Finally, when the parents share equal custody, there tends to be less conflict between the parents since one parent does not feel as though they were treated unfairly. It also reduces the risk of one parent dropping out of their child’s life, which may happen when visitation becomes too difficult because of communication issues and other issues with their ex-spouse. 

Addressing Common Concerns 

Some of the common concerns of equal parenting include: 

• The emotional impact on children if the transition between homes is too frequent. Some children will adapt, but others may not. Parents can transition every few days, weekly, bimonthly, or monthly, depending on their situation and what the children prefer. 

• Logistics can be a nightmare for the parents who live too far apart. Coordinating schedules requires excellent communication between the parents. 

• Maintaining equal custody could put a financial strain on some parents, as they need to have everything the child needs at both homes, which may mean duplicating some expenses. 

• Inconsistency in parenting styles will also play a large role in 50/50 custody. However, the parents can address many of these concerns in a parenting plan. When the parents are able to work with each other, there can be less risk of one parent allowing the child “extra benefits” when both work on a parenting plan and come up with mutual parenting styles. 

One other concern for non-custodial parents is child support. Although parents will have equal custody, for legal purposes, the courts will still name one parent as the non-custodial parent. Texas child support laws require the non-custodial parent to pay a percentage of their income for child support. 

One of the common misconceptions about equal parenting time is that the non-custodial parent does not have to pay child support. This can be the case if both parents earn approximately the same monthly amount and their resources are comparable. 

However, if one parent’s income is more than the other, you can create a child support agreement for the parent who earns less per month. It does not have to be the percentage dictated by Texas laws. 

How the Bill Impacts Custody Arrangements 

Just because parents have equal custody, that does not mean there will never be issues. As with any type of custody order, you can modify equal custody orders when one or both parents experience a significant change in circumstances, such as a forced move for work. 

If you currently have a joint custody order and would like 50/50 custody, you can also motion the court for equal custody. If both parents agree, you can create a new custody agreement and parenting plan then ask the court to ratify it. The new order may include legal custody, physical custody, or both. 

Why Work with Cordell & Cordell 

An experienced family law attorney at Cordell & Cordell can guide you through the divorce process, including child custody issues. Our attorneys can also guide you through the process of modifying existing custody orders and, if you are changing to equal custody, with child support modification. 

Client Experience 

“​I had no issues, and my attorney was great with communicating. She let me know what was going on and what I needed to be doing, so that was great.” — Michael M. 

“I thought the whole experience was very good. I wasn’t going to initially hire an attorney. To protect myself, I hired you guys. My attorney made it a comfortable experience. The whole team was great. We got a resolution that I was comfortable with, and it went quickly and smoothly.” — Joseph C. 

We Are Here to Help with Your Texas Custody Battle 

While Texas custody laws do not officially include 50/50 custody, more courts are agreeing that this method of co-parenting creates better family dynamics and is in the best interest of the minor children. Courts understand the needs of the child come before the standard possession order and are willing to change so that both parents can build a firm parent-child relationship. 

Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation with an experienced Texas child custody attorney to discuss your option under the new 50/50 custody bill or for guidance for your divorce. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice.