Chances of a Father Getting 50/50 Custody in Texas
As a divorced parent, navigating custody arrangements can be complex and emotionally charged. In Texas, like in many other states, custody arrangements are designed to prioritize the child’s best interests while also considering both parents’ rights and responsibilities. Understanding the nuances of custody laws in Texas is essential for parents seeking to establish fair and workable arrangements for their children.
Are you a father seeking equal custody of your children? We understand your desire to play an active role in their lives. Let the Dallas child custody attorneys at Balekian Hayes, PLLC, help secure the time you deserve with your children. Contact us now to take the first step toward establishing a fair custody arrangement.
Joint Conservatorship: Balancing Decision-Making Rights
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Central to custody arrangements in Texas is joint conservatorship, also known as joint legal custody. Joint conservatorship grants both parents the right to make important decisions about their child’s well-being, including healthcare, education, and general welfare. This arrangement reflects the state’s presumption that involving both parents in decision-making is typically in the child’s best interests.
However, it’s crucial to note that joint conservatorship does not directly address the physical possession of the child. Instead, it focuses on the rights and responsibilities of decision-making. Even in cases of joint conservatorship, the court may grant one parent primary conservatorship, which gives them the authority to establish the child’s primary residence and seek child support payments from the other parent.
Standard Possession Orders: Defining Visitation Schedules
In Texas, custody arrangements often involve the implementation of a standard possession order (SPO). A standard possession order designates one parent’s residence as the child’s primary residence, while the other parent will be given a predetermined visitation schedule.
Under a standard possession order, the non-custodial parent typically has custody of the child on specified weekends, Thursday evenings, and holidays. This schedule aims to provide both parents with meaningful time with their child while ensuring stability and consistency in their routine.
Challenges for Fathers Pursuing 50/50 Custody
Despite the presumption in favor of joint conservatorship and the implementation of standard possession orders, some parents may seek a more balanced approach to custody, known as 50/50 custody or equal physical possession. However, achieving a 50/50 custody split in Texas can present challenges.
While Texas law generally presumes that a standard possession order is in the child’s best interests, parents can overcome this presumption by presenting compelling evidence that supports an alternative custody arrangement. This evidence may include active involvement in the child’s daily care and activities, participation in educational and developmental aspects of the child’s life, and proximity to the child’s school and community.
Factors Influencing Custody Determinations
Several factors influence custody determinations in Texas, including the child’s age and developmental needs. Younger children, particularly those under three years old, may be more likely to have a primary residence with one parent, especially if considerations such as breastfeeding are involved. Courts prioritize the child’s stability and continuity in their daily routine when making custody decisions.
Furthermore, a history of abuse, violence, or substance abuse by one parent can significantly impact custody arrangements. Courts will prioritize the child’s safety and wellbeing above all else and may limit or restrict parental rights in cases where there are concerns about the child’s welfare.
What To Do If You Are a Father Seeking 50/50 Custody in Texas
Navigating custody arrangements in Texas requires a nuanced understanding of the state’s laws and regulations governing parental rights and responsibilities. From the presumption of joint conservatorship to the implementation of standard possession orders, Texas prioritizes children’s well-being while recognizing the importance of maintaining meaningful relationships with both parents.
Collaboration, communication, and a commitment to the child’s interests are paramount for parents seeking to establish custody arrangements that reflect their unique circumstances and preferences. Parents can work towards custody arrangements that promote stability, consistency, and positive parent-child relationships by understanding the factors influencing custody determinations.
Fathers need to seek guidance from experienced family law attorneys who can provide personalized legal advice and advocacy when pursuing equal custody or a tailored custody arrangement. With careful planning and thoughtful consideration, parents can navigate the complexities of custody arrangements in Texas and create arrangements that support the well-being and happiness of their children.
At Balekian Hayes, PLLC, we understand the importance of spending time with your children, and we’re here to help you seek a custody arrangement that fits your needs and your family’s needs. Contact our Dallas child custody lawyers at (214) 225-2503 or reach out to us online today to schedule a consultation and take the first step toward securing the time you deserve with your children.