50/50 custody?

“Custody” is a term that is commonly used and comprises multiple aspects of the parent-child relationship, including: conservatorship (rights and duties); possession and access (the schedule of time with the children); and child support.

50/50 custody? What exactly does that mean?

Usually when someone refers to “50/50 custody” they are referring to the possession and access schedule for time each parent spends with the children. Agreements for 50/50 schedules for possession and access can come in a number of different forms. Two of the most common 50/50 schedules are described below:

• Week-on, Week-off: In a week-on, week-off possession schedule, the parents alternate having possession of the child or children on a weekly basis. Typically, exchanges take place on Sunday evenings. The day of the week for exchanges can be selected to best suit the needs of the parents and child(ren).
• 2-2-3: The 2-2-3 schedule, also known as a 2-2-5 schedule, involves one parent having the child(ren) for two days of the school week, the other parent having the child(ren) for the next two days in the school week, and the parents alternating who has the child(ren) for the weekend. This version of the 50/50 schedule has more exchanges between parents during the week, but does not require each parent to go as long without seeing the child(ren). For that reason, a 2-2-3 version of the 50/50 schedule is usually preferred for younger children.

Every case is different. A variation of the 50/50 schedule that works for one family may not work for another family. Parties can work together and discuss the option that best suits their family’s lifestyle.

What is a “No Fault Divorce?”

In Texas, a no-fault divorce is often referred to as a divorce due to “insupportability.” Neither spouse is assigned blame for the break-up of the marriage. The parties simply indicate that the marriage can no longer work due to “irreconcilable differences” and that there is no reasonable expectation that they will reconcile with each other. A no-fault divorce typically involves less conflict because neither party is assigning blame to the other party for the divorce.Even if you and your spouse expect to reach an amicable resolution, it is extremely helpful to have the assistance of an experienced family law attorney who will advise you as to your rights and make sure that the process is handled correctly and efficiently.

If you have concerns about child custody, or you want to find out more about the process of pursuing a no-fault divorce, contact Kirker | Davis LLP to schedule a meeting with a divorce attorney in Austin, Texas today.