The court will always look to the best interest of the child when determining the proper arrangement for the custody of a child. In Texas, there is a presumption that the Texas Family Code’s Standard Possession Order is in the best interest of children. However, this presumption can be rebutted. The problem with the Texas Family Code’s standard possession order is that, because every family law case is different, the standard possession order does not fit in every situation.
Many clients go to their family law attorney and request 50/50 custody or a custody schedule that is evenly split down the middle between the two parents. Some parents believe this will alleviate their child support obligation, however this is a common misnomer regarding 50/50 schedules. Other parents want a 50/50 schedule simply because they wish to visit their children as much as possible. Whatever the reason, there are several issues in the family law arena related to these types of arrangements.
Many judges do not prefer 50/50 schedules because they feel it is too stressful on the children. The reasoning behind this argument is that the children are moving around too much and cannot gain consistency in a home. It can be argued that the arrangement creates stress on the child or children. For example, a child who is required to pack up and move from one parents home one week to another parent’s home the next week may resent the schedule. Perhaps there is some validity behind this argument. A week on, week of schedule may be one of the more difficult schedules to pass off to a judge.
A schedule that divides up custody of the child on what some may consider a somewhat more regular schedule may be better utilized. This may sound confusing, because a week on week off schedule is consistent. However, for example, a schedule where the child spends certain days of the week with one parent and certain days of the week with the other parent may create more of a routine, such as a 5-2-2-5 schedule where the child spends every Monday and Tuesday with one Parent and Every Wednesday and Thursday with the other parent and then alternates Friday through Sunday. Under a schedule of this nature, the child is allowed more consistency because it is known that every Monday and Tuesday night, they will be with a specific parent. The child can then create more of a routine knowing they will be with a specific parent on specific days of the week. The child can leave belongings at the parent’s home that they only use on the weekdays they are at that parent’s home. The child will be better able to mentally associate their routine with each parent as well. This is especially helpful as schools move more towards using block scheduling methods regarding classes.
Whether it be because frequent and continuing contact with the child will only be achieved by a revised schedule, or because one of the parents has an uncommon work schedule, it will be easier for the court to award the schedule if the facts of your case are helped by the schedule. There are a variety of 50/50 schedules that will work and the courts are allowing the schedules more and more. The important thing to portray to the court when trying to obtain a 50/50 schedule is that the schedule is in the best interest of the children.
For more information on Texas custody and visitation with children contact The Wright Firm, L.L.P. at www.thewrightlawyers.com or call us at 972-353-4600.
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