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What about 50/50 Custody Agreements?

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What about 50/50 Custody Agreements?

The R.A. Brown Legal Group
Published by R.A. Brown in Family Law · Sunday 08 Feb 2026 · Read time 1:30
Tags: CustodyFamilyLawDivorceKids
In Texas, “50/50 custody” is a phrase people use a lot — but the law usually talks in terms of conservatorship (decision-making) and possession & access (the schedule).

Here’s the practical truth: Texas doesn’t automatically start every case at a perfect week-on/week-off split. Instead, there’s a rebuttable presumption that the Standard Possession Order (SPO) provides the “reasonable minimum” parenting time and is in a child’s best interest (generally for children age 3 and up). (Texas Statutes) And Texas policy is to encourage frequent and continuing contact with both parents when it’s safe and appropriate. (FindLaw)

So when do people get “50/50”? Usually when parents agree, live close enough, can co-parent well, and the schedule fits the child’s school and routine. Courts can approve an equal-time plan — but the driving question is always best interest of the child, not a scoreboard of hours. (Texas Statutes)
If you’re aiming for a 50/50-style arrangement, focus less on the label and more on proposing a clear, workable schedule (holidays, summers, transportation, school nights) that minimizes conflict and keeps the child stable. That’s what makes “equal” time actually succeed.

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