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Texas guide

Texas 50/50 Custody and Equal Possession

Texas has no presumption of equal time, but courts may order 50/50 possession when it serves the child. The Expanded Standard Possession Order gets fathers close; a well-built plan can close the gap.

Written by A Father's Fight Editorial Team Last updated
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Verification in progress. Statute references on this page are being confirmed against current law by a licensed attorney. Use the official sources listed below for the authoritative text.

Key takeaways

  • Request the Expanded SPO election under §153.317 at minimum—it adds Thursday overnights and Sunday-evening returns.
  • Propose a specific equal rotation (week-on/week-off, 2-2-5-5) tied to school logistics.
  • Proximity—both homes within the same school zone or a short drive—is the single strongest fact.
  • Equal possession affects, but does not automatically eliminate, guideline child support.

Legal / educational information

How to ask

Plead for joint managing conservatorship with equal periods of possession and attach a proposed possession schedule. Explain how exchanges happen at school, how each home supports homework and activities, and how you will communicate. Judges want to see that equal time is workable on a Tuesday in February, not just in principle. VERIFY: confirm the current Texas Family Code text and section numbers with a licensed Texas attorney before relying on this—the Legislature amends Title 5 in most sessions.

Legal / educational information

If the court says no

Elect the Expanded Standard Possession Order and ask for a right of first refusal. Then live it out perfectly and document it; a strong record under the expanded schedule is the best foundation for a later modification.

Personal experience

What worked for me

I mapped the drive time between both homes and the school, printed a color-coded 2-2-5-5 calendar, and offered to handle all school-day transportation. The plan answered the judge's questions before she asked them.

Based on one father's experience. Not legal advice; outcomes vary by state and case.

Frequently asked questions

No. The default framework is joint managing conservatorship with one primary parent and a Standard Possession Order. Equal schedules are ordered case by case.

Sources

  1. [1]Texas Family Code, Title 5 — The Parent-Child Relationship (Texas Legislature Online)
  2. [2]TexasLawHelp.org — Child Custody & Visitation
  3. [3]Texas Access and Visitation Hotline

A Father's Fight provides general educational information and personal experiences. It is not a law firm and this page is not a substitute for advice from a licensed attorney in your state. See our disclaimer and editorial policy.