The Most Common Child Custody Agreement In Texas One of the most common custody arrangements in Texas tends to be a pre-scheduled division of possession and access, enshrined in a parenting plan or possession schedule, through a joint managing conservatorship.
There are three different child custody or conservatorship options that will be considered by the Texas family court: joint, sole, and third party custody. In most cases, parents are awarded joint conservatorship unless there is a specific reason that it should not be done.
As Abby explains, “Texas is fairly open-minded when it comes to dads getting custody. The Expanded Standard Possession Schedule in the Texas Family Code is roughly a 45-55 split. Unless you are clearly an inept parent, it's really difficult not to get an Expanded Standard Possession Schedule in Texas.”
Also, some co-parents add a midweek overnight to a 4-3 schedule. The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks.
Generally, courts tend to gravitate towards a 50/50 custody arrangement when both parents share parenting responsibilities and can spend equal amounts of time with their children. However, sole custody and primary physical custody are also a possibility.
Child's Best Interests: While 50-50 custody may be suitable for many families, it may not always be the optimal solution in cases involving family violence, abuse, or situations where it would not serve the child's best interests.
A 60/40 parenting plan is used when one parent has the child 60% of the time while the other has the child 40% of the time. Typically, the child spends the first 4 days of the week with parent A, and the last 3 days of the week with parent B.
A 50/50 schedule helps kids to feel secure that both parents are fully involved and keeps them close and engaged with both of their parents, without ever feeling like a visitor in one parent's life.
Historically, women have always had the upper hand in being awarded child custody. Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.
2-2-5 schedule
A 2-2-5 is a 50/50 custody schedule in which the child or children spend two consecutive days with one parent, two consecutive days with the other parent, and then five consecutive days with the first parent. This schedule alternates back and forth between the two parents each week.
In Texas, both fathers and mothers have equal rights when it comes to their children.
A father would need to gather evidence and present documentation that there is a history of physical abuse, emotional abuse, sexual abuse, violence, neglect, or another intentional form of misbehavior by the other parent against the child. There is a time restriction, however.
While it is possible for one parent to win full custody of the children after a divorce, it is usually an uphill climb, legally. Texas courts begin every custody case with the presumption that it's always better for the divorced parents to share custody in a joint managing conservatorship.
The Factors Judges Consider In Child Custody Decisions
The child's age and health. The age and health of the child's parents. Whether there are any special needs involved – again, with either the child or their parents. The home environment of each parent.
It is very rare for a court in Texas to terminate a parent's rights entirely, meaning only one parent would have the right to make all the decisions for the child (legal custody or “conservatorship”) and have the right to all the parenting time (physical custody or “possession”) of the child to the absolute exclusion ...
There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody.
Each family is unique and reasonable access for fathers depends on the individual circumstances. Some fathers see their children every day, while others might see them just once a month. Parents might share responsibilities and alternate weekend contact, or some fathers may have weekend contact every week.
Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.
In their research, they found that stable and healthy relationships have a “magic” ratio of 5 to 1. This means that they found that in healthy relationships there were five positive feelings/interactions for every negative interaction/feeling during conflict. So basically, the positive heavily outweighed the negative.
The main thing you can do is apply The Golden Rule of Parenting. Always be the kind of person you want your kids to be. So, if you want your kids to be respectful, considerate, and honest, you have to be respectful, considerate, and honest. And, then you may expect that behavior from your kids.
5-2 Custody and Visitation Schedule Examples. The 5-2 residential schedule has your child living 5 days with one parent and 2 days with the other parent.
The 4-3 schedule is a residential schedule where your child spends four days of the week with one parent and the other three days with the other parent.
70/30 custody: This schedule more or less corresponds to one parent having the child during the week, while the second parent has them for weekends. The weekend parent may also get the child for an extra holiday or two to make sure custody follows a true 70/30 percentage.
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