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Kirker | Davis will field and answer some common legal questions and updates about the law here.

Is 50/50 custody a real thing and can I get it if I go to court?

We all know that in a divorce, custody and care of any children is one of the most difficult issues to settle. Even after the divorce is finalized, parents can find themselves in battles over the residence, medical care and activities of their children. The non-custodial parent may feel left out of these decisions and want more say in their child’s life. If you are in this position, a Child Custody Attorney can help you understand your rights and the steps you need to take to gain more equitable access to your children.

Under Texas law, there are two forms of custody for any child. Legal custody, which is referred to as conservatorship, is the right to make decisions regarding the children’s welfare and well-being. Physical custody, or possession, is the right to have the children in your care.  Under the Texas Family Code, the appointment of both parties as Joint Managing Conservators is presumed to be in the best interest of the child.  A Joint Managing Conservator (JMC) is an individual who shares the rights and duties of a parent. Even if parents share legal custody, under what is known as a Joint Managing Conservatorship, Texas courts often use a Standard Possession Order to determine custody.

If you are currently parenting with an Standard Possession Order and/or  conservatorship that is not joint, you may consider talking to an attorney about whether this could be challenged. As divorce attorneys, Kirker Davis LLP can help you understand what the court will consider and what steps you need to take in order to have the best chance to get a 50/50 custody arrangement. Today, courts are more willing to consider joint legal and physical custody arrangements but must always act in the best interest of the children in making these decisions.

Ideally, you and the other parent will be able to agree on all issues concerning your children, including allowing both parents roughly equal time of possession. However, an inability to come to an agreement does not mean you can’t gain 50/50 custody. The judge will look at such things as how close you live to one another and the children’s school. The court will also consider the environment in each home, each parent’s ability to provide adequate care during non-school hours and, if the children are old enough, their preferences.

Trying to gain an equal conservatorship and time with your child is not something you should do alone You need an Austin Child Custody Attorney to guide you through the process and ensure that you are presenting the best possible case to the court. Call Kirker Davis Law Attorneys today.

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