Many parents going through divorce ask about 50/50 custody in Texas. They want to know if equal parenting time is possible and how courts decide these cases. The short answer is that Texas does not automatically award 50/50 custody. But shared schedules can be approved when the facts support it.
At Mims Ballew Hollingsworth, we work with parents in Fort Worth and Southlake who want clear guidance. Our goal is to help you understand your potential custody options and how to pursue a fair parenting plan.
What Is 50/50 Custody?
When parents talk about 50/50 custody, they usually mean an equal split of parenting time. That does not always mean equal decision-making authority.
Texas law separates custody into two parts. The first is conservatorship. This involves decision-making rights about education, medical care, and other major issues. The second is possession and access. This is the schedule for when each parent has the child.
A 50/50 custody arrangement focuses on possession and access irrespective of decision making.
Is Texas a 50/50 Custody State?
A common misconception is that Texas is a “50/50 custody state.” It is not. Texas law does not presume equal parenting time.
Instead, courts often start with a Standard Possession Order, also called an SPO. This schedule gives one parent expanded weekends, holidays, and summer time. Judges may default to it because it is familiar and easy to apply.
That said, Texas courts can approve 50/50 custody when it serves the child’s best interest. Judges have broad discretion to approve equal or near-equal schedules if parents present a workable plan.
How Does 50/50 Custody Work in Texas?
There is no single 50/50 schedule in Texas. Courts approve several different custody schedule structures that result in equal or nearly equal time.
One common option is the 2-2-5-5 custody schedule. Under this arrangement, one parent has the child for two weekdays, the other parent has the next two weekdays, and the parents then alternate five-day stretches that include weekends. This creates a repeating pattern where each parent gets to see the child(ren) every week while still sharing weekends evenly. The schedule works well when parents live close to the child’s school and can manage frequent exchanges.
Another option is a week-on, week-off schedule. This gives each parent seven consecutive days. This schedule often works better for older children.
Some families use customized hybrid schedules to accommodate work demands, school activities, and travel time.
Judges also consider practical issues. These include how far apart the parents live, school location, and how well the parents communicate.
How to Get 50/50 Custody in Texas
Parents often ask how to get 50/50 custody in Texas. The answer depends on preparation and evidence.
Courts focus on the child’s best interest. Judges look closely at each parent’s ability to co-parent, communicate, and support the child’s relationship with the other parent. They also review each parent’s involvement before the case began.
Strong documentation matters. School involvement, medical appointments, and daily routines all help show readiness for shared custody. Legal advocacy is also critical, especially when the other parent opposes equal time.
50/50 Custody Requirements in Texas
There is no official checklist for 50/50 custody requirements in Texas. Still, courts often expect certain conditions to be met.
Both parents need stable housing and reliable transportation. Flexible or manageable work schedules are important. Judges also like to see a willingness to encourage the child’s bond with the other parent.
When these factors are missing, courts may hesitate to approve equal parenting time.
When 50/50 Custody May Not Be Appropriate
Equal custody is not right for every family. High conflict between parents can make shared schedules unworkable. Long distances between homes can disrupt school and routines.
A child’s age or special needs may also affect the schedule. In some cases, one parent’s limited availability makes equal time unrealistic.
Courts tailor custody orders to the child, not to a parent’s preference.
How MBH Helps Parents Pursue Fair Custody Arrangements
At Mims Ballew Hollingsworth, we handle complex and contested custody cases across North Texas. Our attorneys are known for preparation and courtroom readiness.
We build custom parenting plans instead of forcing families into rigid templates. When cases involve high conflict, we stay focused on strategy and evidence. We also work collaboratively when possible to reduce stress on children.
Parents seeking guidance often begin by speaking with a Southlake child custody lawyer or a Fort Worth child custody attorney at one of our two convenient Tarrant County offices.
Explore Custody Options with MBH
Do not assume that 50/50 custody is automatic or out of reach. The right approach depends on your family and your facts.
To discuss your options, schedule a confidential consultation today
Content reviewed by a Board Certified family law attorney Constance Mims.
Frequently Asked Questions About 50/50 Custody in Texas
No. Texas does not presume equal parenting time, but courts can approve 50/50 custody when it serves the child’s best interest.
It works through customized possession schedules, such as 2-2-5-5 or week-on, week-off plans, approved by the court.
You must show that equal parenting time supports the child’s best interest and that both parents can manage the schedule.
Judges review parental cooperation, proximity of homes, involvement history, and the child’s needs.
No. Courts decide custody based on the child’s needs, not on a fixed formula.
