If you and your spouse are in the middle of a 50-50 custody debate, then reaching a decision might be difficult. This is because there is no specific law in place. Ultimately, the judge has to grant the request whilst keeping what is best for the child.
What is 50-50 custody?
“50-50” custody, also known as equal joint custody, refers to children’s legal and physical custody. Physical custody dictates the allocation of parenting time. With joint custody, a child is assigned to spend equal time with each of their parents. However, there is no one-size-fits-all solution to this type of case study. Various arrangements can be made within the 50-50 custody.
What are the different 50-50 custody arrangements available for me to opt for?
Week On/Week Off
This system involves the child staying with each parent on alternate weeks. It is an effective way when both parents reside nearby. Additionally, spreading out responsibilities becomes easier in this manner. When the week begins, it is tentative and depends on the availability of both parties. The flexible nature makes this a great alternative.
For this system to work, the child should have functional rooms, bathroom, bathroom supplies, and wardrobe in both houses. This option is more suited for older children who can live without each parent for a week. Skip this if your child is an infant or a toddler.
The “2-2-5-5”
The 2-2-5-5 schedule enables the child to stay two days with each parent, followed by five days with each of them. This schedule suits the children who have after-school activities and require pick-up and drop-off. It is beneficial as responsibilities are distributed fairly among parents, and their daily routines aren’t disrupted either. They do not have to give up the same days every week.
The “2-2-3”
According to this arrangement, the kid will stay the first two nights with one of the parents, then the next two with the other parent, and come back to the first one to spend three weekend nights. Next week, the same schedule repeats but now for the other parent to equally divide time and responsibilities.
How common is a 50-50 custody in Texas?
Initially, this practice was rarely observed. As decided by the court, children spent their entire time usually with their mothers and visited their fathers every other weekend. However, this trend has been changing recently. Whether it is a full-fledged divorce situation or an agreed-upon parenting plan, 30-40% of the time, the decision comprises equal joint custody. However, there is a statute or case law that states the standards or conditions for a 50-50 arrangement.
However, the paradigm shift in culture is noticeable through the increasing number of court decisions that support this kind of schedule. This is because, now, both parents, regardless of their sex, are typically working, and it is generally agreed that to optimize children’s well-being, the involvement of both parents in their lives is crucial. Each of them brings and transfers unique skills and strengths to their kids. Children can highly benefit from multiple exemplary role models in their lives. Even if the trend is changing, there are certain situations in which a judge does not permit it.
When is a 50-50 custody parenting arrangement denied?
If the child is very young
If the kid is an infant or a toddler, staying away from the caregiver for prolonged hours is inconvenient. Young babies need their mothers’ constant attention and care. By splitting the time in half, they will be deprived of these basic needs. They also need to be breastfed frequently, which requires them to be closer to their mother. A judge will make a decision that is in the best interest of the child.
When the parents live far off from each other
If both parties reside in geographical regions that are a considerable distance apart, the request may not be granted. This is because the exchange becomes complex and time-consuming. Children are often not comfortable with travelling long distances, especially quite frequently. Judges allocate the majority of time to the parent who lives near the child’s place of education and best medical facilities.
The parents are on hostile terms
If the parents cannot communicate maturely and responsibly, the judge might find it in the child’s best interest not to leave him dependent on them entirely. If both parents are unwilling to prioritize the child, the court will evaluate the situation and decide which parent to assign the major responsibilities and time.
If one of the parents has a history of unacceptable behaviour
There are instances when a couple splits up because one of the parents has been abusive to the spouse, kid, or both. If the request of 50-50 custody is taken to court and it is found out that one of the two parties has shown signs of being incapable of handling the child, the request is most likely to be denied.
Hire an Attorney now and get a 50-50 custody of your child
To become eligible for requesting equal access and possession of your child, get in touch with a Fort Worth Child Custody Attorney immediately. You will need professional advice on your situation and the best possible solution, keeping in mind your child’s best interests.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
