Split Custody In Texas: Sharing The Love!
John Wilson • May 27, 2019
Split Custody Possession Schedules When You Have To Go It Alone
There are various types of 50/50 split custody possession schedules. As parents, you can be as creative as you want in creating a possession schedule provided that your creativity is shown to be in the best interest of the child. Our Dallas divorce and child custody attorneys are ready to assist you in child custody litigation and can work with you to help determine a child custody schedule that works best for your family. This article contains typical child possession schedules that you or a court may consider when determining a 50/50 split custody schedule.
What Is Split Custody?
Split custody, or 50/50 custody, is possible when both parents remain amicable, live in close proximity to each other, and they work together for the best interest of their child. It allows each party to share in as many experiences with the child as they can after separation or divorce. Although this type of custody requires more work from both parties, it is a great alternative to one parent having primary custody while the other one is allotted possessory conservatorship or visitation. Despite thinking a split custody situation will work, the court will not always approve this type of schedule unless the parties expressly agree to the 50/50 custody arrangement and the court finds that such split possession schedule is “in the best interest of the child.”
Does The Texas Family Code Provide For A Split Custody Schedule?
The Texas Family Code does not provide for a 50/50 possession schedule. Often, without agreement, the Court will look to a social study, home study or psychological evaluation of the parties before it would even consider an order granting a 50/50 split. The court must have some reason to find that a 50/50 possession schedule is in the best interest of the parties, especially when one party does not want it. Simply, a split schedule it not guaranteed unless the parties can agree and show that it is the best interest of the child.
What Does The Court Look For In Awarding Split Custody?
In order for a 50/50 possession schedule to be in the best interest of the child, the court must be convinced of the following:
- Both parties will be able to work together, communicate schedules and exchanges, and be can put aside differences for the benefit of the child;
- The child must be able to commute with as little disruptions to life as possible, meaning both guardians must live close in proximity to one another, the school of the child, and within a general area;
- Both parties are emotionally and physically have stable and healthy homes for the child; and
- 50/50 shared custody in the best interest of the child.
One of the main features of a 50/50 possession schedule is that the child’s home environment changes multiple times during the week. Some children may thrive in such environments, especially if they are strongly bonded to both parents. However, some children will inevitably experience anxiety with such frequent exchanges, struggle with keeping up with their homework and extracurricular activities, and could even suffer depression if they don't feel like they have a “home” given such constant rotation. Simply, for some children rotating between parental homes may not be the best option. Parents know what's best for their child, so if your child struggles with anxiety, depression, learning differences, or other mental or medical needs, these proposed split custody schedules my not work for your child.
Split Custody Schedule:
Alternating
2 Day Split
The alternating every two (2) days schedule is a 50/50 possession schedule that literally has the child alternating parental homes every two (2) days. While beneficial for very young children who need frequent contact with each parent, it is a very fast rotation which may not work for older children. It is important that the parents live close, and preferably in the same school district.
This type of schedule means that school time, or any third-party interaction, will be removed because the child is not present with either parent. With the third-party removed, one parent gets the child during the week, the other on the weekend. This is a very basic 50/50 schedule known as every weekend with school time removed custody schedule and can be seen below. Due to work, school, and other scheduling conflicts, many people individuals find this a great schedule. If this schedule aligns with each party involved, it is a great way for the child to spend time with each parent without the stress and worry of exchanging midweek.
Although it may appear complex at first glance, the 2-2-3 child custody schedule is simplistic. The first two days of the week, one parent has custody of the child. The following two days the other parent has custody of the child. Then the remaining three days of the week the child rotates back to the first parent’s home. The schedule then rotates the following week so the second parent has custody of the child the first two weekdays and the following weekend for that week. This schedule incorporates a very predictable rotation, where each parent has custody of the child some days during the week and every other weekend. Many parents express their interest in this schedule because they feel as if their child is a normal part of their life, able to see their child regularly.
This schedule is a very easy to implement. One guardian has custody of the child for one week, then the other has custody of the child for the following week. This schedule is known as alternating weeks child custody schedule. This schedule is particularly favorable among families with older children and those who struggle with frequent exchanges. One of the benefits of this schedule is that the children feel more a part of their family rather than a visitor. With this schedule in place, the child is able to spend more time with each parent at their home than before
Another type of custody schedule is the 2-2-5-5 child custody schedule. This schedule is more complex than others to understand. Once understood, this type of custody can be easily implemented. On two assigned weeknights (e.g. Mon, Tues) the child goes to the first parent’s home. On the second parent’s assigned weeknights (e.g. Wed, Thurs) the child will go to their house. After the second parents assigned days, the child goes back to the first parent’s home for a three-day weekend, along with the first two assigned weeknights. This is equivalent to five nights. After this, the child then goes back to the second parent’s home. They are at the second parent’s home for their assigned weeknights and then the following three-day weekend. This is also equivalent to five nights. With this schedule, it is shown to be easier on both the parent and child to schedule their business, extracurricular and social activities. The child is able to be a part of each parent’s weekly lives while rotating weekends because each parent has their two assigned weeknights that never change.
Split Custody Schedule: 3-4-4-3 Custody Schedule
Those who want consistency in their weekly schedule should consider the 3-4-4-3 child custody schedule. The first three nights of a week will be spent with one parent and the child. The following four nights will be spent with the other parent. The following week the days will be flip-flopped with the child spending four nights with the first parent, and three nights with the second parent. The middle day of the week, when the custody is rotated, is the only night that has any variances. One parent has the beginning of the week whereas the other parent with the last part of the week always has the weekends.
Split Custody Schedule: Two Weeks Each Child
The two weeks each child custody schedule is an easy and simplistic schedule that results in one parent having custody of the child for two weeks, then the other parent having custody of the child for the following two weeks. Since teenagers and older children are usually busier with their schedule, whether it be sports, band, fiends, or other similar extracurricular activities, this is a particularly good schedule for both parents and children. This may work for those older children who want a schedule that does not interfere with their extracurricular activities and who also want to have time to spend with both parents.
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Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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