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Should You Agree To A 50/50 Custody Split?

Should you agree to a 50/50 custody arrangement for your child? I know you want to do what’s best for your child. Sometimes it’s hard to figure out if custody is worth fighting for. If you are wondering if you should agree to a 50/50 custody split, consider why it is being requested.

In recent years, the idea of 50/50 custody arrangements has gained traction as a preferred method of co-parenting after divorce or separation. This arrangement, also known as equal or shared custody, typically involves both parents sharing equal or near-equal parenting time with their children.

A 50/50 custody arrangement ensures that both parents play an active and equitable role in their child’s life, which is crucial for their development and well-being. Understanding the benefits and considerations of 50/50 custody can help parents make informed decisions about their child custody arrangements.

Most Parents Asking for a 50/50 Custody Split Are Trying to Get Out of Child Support.

I would say 80% of the time that somebody asks for a 50/50 custody split, they just don’t want to pay child support. It’s important to understand that calculating child support is based on a formula outlined in the Texas Family Code, which considers both parents’ incomes and the time the child spends with each parent. Child support is calculated in Texas by factoring in the non-custodial parent’s monthly net income and the number of children for whom support is being determined.

It’s important that you understand that even if you agree to 50/50 custody, that should not eliminate child support. Child support calculations also include adjustments for expenses like health insurance, childcare, and medical support, and may consider special circumstances like a child’s health needs or educational requirements.

Before you agree to 50/50, consider this: is it really best for your child to spend half of their time with someone whose main motivation for having them is to get out of paying child support? If this is the motivation, you should not agree to a 50/50 Custody Split.

Child custody split

Some Parents Want to Prove They Are Equal

The second most common reason to ask for 50/50 custody is that a parent wants to prove that they are equal. While equal parenting time can be beneficial, the primary focus should always be on the child’s well-being. Remember, a custody order is not supposed to make parents feel good; it is supposed to take care of the child.

You will know that the other parent’s ego is the motivation if the other parent is saying “Don’t you think that this would be fair?” Or, “Shouldn’t we be equal?” They are focusing on how they feel about it. Their feelings are not what matters— you’re deciding the future of your child. That decision needs to be made with only your child in mind. If one parent wants 50/50 custody to feel equal, you should not agree to a 50/50 custody split.

Don’t Agree to a 50/50 Custody Split Because You Are Afraid You Would Lose Custody—Not Unless You’ve Talked to an Attorney

The third reason that people ask for a 50/50 custody split is because they don’t think they could get primary custody. Dads tend to assume they can’t get custody. Sometimes parents think that because they don’t earn enough, they can’t get custody.

Sometimes parents think that because they are the ones causing the divorce, they cannot get custody. None of that is true. The Courts tend to award custody to the parent who has spent the most time caring for the child during the marriage. Before you give up primary custody out of fear, talk with an experienced family law attorney.

If the Parents Have Been 50/50 Parents While They Were Together, That Is a Great Reason to Agree to Continue a 50/50 Custody Split

The fourth reason that I hear people suggest a 50/50 custody is unfortunately the least common. They have been 50/50 parents while they were together, and they both want to remain deeply involved in the child’s life, which is crucial for the child’s development and well-being. Some of the things that we look at to determine if the parents have been 50/50 parents while together are:

  • Who give the child a bath?
  • Which parent puts the child to bed?
  • Who feeds the child?
  • Which parent enrolled the child in daycare or school?
  • Who buys the child clothes?
  • Which parent does the child want to talk to when they are upset?
  • Who takes the child to the doctor/dentist?

Maintaining a consistent custody schedule is crucial for the child’s sense of stability and well-being.

If both of the parents have been equally involved in the child’s life before the parents separated, and they want to continue that level of involvement, that’s a great reason to agree to a 50

Joint Physical Custody Doesn’t Necessarily Mean 50/50: Understanding Texas Standard Possession Orders

The other parent may be sending you articles touting “joint parenting”. Understanding the legal framework for custody in Texas is essential when discussing joint custody and 50/50 arrangements, as Texas law influences court decision making and visitation schedules. Sole custody involves granting one parent primary custody, with the other typically having visitation rights, and is guided by the best interests of the child. “Joint parenting” and “shared physical custody” do not mean 50/50.

A Texas Standard Possession schedule, which would give Thursdays and every other weekend, counts as a “joint parenting schedule”. “Joint physical Custody generally means 65/35. Those studies the other parent is sending confirm how well children do under a standard possession order.

In conclusion, I know that this is a heart-wrenching decision. The most important thing is to do what’s best for your child. But sometimes, it is difficult to figure out what that means. We can help you determine what’s best for your child and we can help to make sure that your divorce decree reflects that. Please, contact us. We’re really looking forward to helping you out.

Should you agree to a 50/50 custody split. from Bolton Law on Vimeo.

Conclusion

50/50 custody arrangements offer a way for parents to share parenting responsibilities and maintain meaningful relationships with their children following a divorce or separation. By promoting equal parental involvement and shared decision-making, these arrangements can support children’s emotional well-being and development.

However, successful implementation requires careful consideration of various factors and ongoing communication and cooperation between parents to address challenges and ensure a positive co-parenting experience for all involved. Additionally, parents must consider the financial responsibilities, including paying child support, to ensure the child’s needs are met.

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Bolton Law, led by board-certified lawyer Ruby Bolton, handles all types of divorce and family law matters.

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