Wilfried P. Schmitz & Associates, P.C.
Practicing Family Law in Harris, Galveston, Fort Bend,
Brazoria and Liberty counties in Texas since 1984

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Why child custody is not always a 50/50 split

If you are contemplating ending your marriage, your primary concern may be the custody of your children. Even if you want to share custody with your soon-to-be ex-spouse, you may worry about losing your parental rights or even your ability to see your kids regularly.

While other states have joint custody, Texas law uses the term, “joint managing conservatorship.” The Texas Family Code does not require parents to split conservatorship evenly, nor does it require judges to force the kids to spend equal time with both parents.

The best interests of the child

When making conservatorship decisions, judges in the Lone Star State must consider the best interests of the child. When applying this legal standard, judges must consider six separate factors. They may also weigh any other factors that may affect the best interests of the child.

A 50/50 split

Like many other states, Texas has moved toward recognizing 50/50 splits in joint managing conservatorships in recent years. To boost your chances of ending up with this type of arrangement, you may want to employ the following strategies:

  • Continue to be physically present in the everyday lives of your children
  • Provide emotional and financial stability for your kids
  • Participate in your children’s educational and extracurricular activities
  • Live with your children as long as possible
  • Do not try to turn your kids against your soon-to-be ex-spouse
  • Avoid any activities and behaviors that may make you appear to be an unfit parent

While conservatorship cases do not always end with a 50/50 split in parenting time, you may have some control over the final outcome of your case. Ultimately, if you focus on the best interests of your kids, you are may receive the conservatorship arrangement you want.