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With that said, Texas is technically neither a mother nor a father state, but fathers can and have argued that Texas law is biased towards mothers.
Texas courts typically assume joint legal custody if both parties are determined to be fit parents. This only means that both parents will be able to make decisions regarding their children, such as their health care and education.
Joint custody is the most common arrangement in Texas. It is the court's preference that the child maintains a meaningful relationship with both of their parents and joint custody often is the best way to promote positive parent child relationships.
While many Texas dads face big hurdles to win 50-50 or primary custody, they may fare better here than in other states. 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.
The most common 50/50 possession schedules in Tarrant County, Texas include: Every other week: Child spends one week with mom, one week with dad, repeat. Thursday through Sunday: Parents exchange the child on Thursdays and Sundays, with some choosing to alternate who has weekdays and weekends.
?Move-Aways?: Texas Child Custody Relocation Law Before we discuss further, it's important to note that the parents can legally relocate to any location they wish with no geographic restrictions.
Many parents in Texas mistakenly believe that they will not be ordered to pay child support if a court awards 50/50 joint custody. However, you may still be ordered to pay child support even if you and the other parent share joint custody.
Joint custody, where both parents have custody of all children involved, is preferred and is the most common arrangement, if conditions allow.
You may have heard that it is impossible to have 50/50 custody in Texas or that fathers have no chance of getting equal custody of their kids. This is not true. Texas law explicitly states that courts cannot discriminate based on sex when making a custody decision.
Joint conservatorship is essentially the same concept as 50/50 custody, which, while parenting rights are considered equal, doesn't always mean parenting time (referred to as ?Possession? in Texas law) is equal.