Are Texas Courts Taking a Closer Look at the 50/50 Possession Schedule?

December 11, 2018

Under the Texas Family Code, the “standard possession schedule” typically allows the possessory conservator to have possession of the child every 1st, 3rd, and 5th weekends of the month and every Thursday night. The law presumes that this schedule is in the best interest of the child. Reasonably so, judges will often default to this possession schedule when finalizing divorce proceedings that involve minor children if there is no agreement between the parties.

Yet, more than ever, today’s dads are increasingly more involved with their children’s day-to-day lives. Dads are taking on more responsibility with their children and maintaining flexible work schedules to be active in their children’s lives. Consequently, many of these dads are seeking 50/50 possession schedules. In hopes of increasing the odds that a 50/50 possession schedule is ordered, dads are encouraged to remain present for their children, meaning they should continue to play the same role with their children as before the divorce and keep up regular communication.

The push toward this possession schedule is mainly focused on protecting parental rights for dads. The 50/50 possession schedule is thus gaining momentum in Texas courts and shows no signs of slowing down.