The Challenges of Achieving a 50/50 Shared Custody Schedule in Texas

In Texas family law, more parents are seeking equal or 50/50 shared custody schedules following divorce or separation. While the idea of equal parenting time may sound ideal, it is often more difficult to implement than people realize. At The Barrows Firm, we regularly work with families in Southlake, Tarrant, and Denton Counties who are navigating the complex reality of custody arrangements. Although shared parenting may seem fair on paper, several legal and practical barriers must be considered before parents can realistically commit to a true 50/50 schedule.

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Geographic and Logistical Barriers Make Equal Time Challenging

For a 50/50 custody schedule to function effectively, both parents must live close to each other and to the child’s school and activities. When parents reside in the same neighborhood or within a short commute, equal time can be more manageable. However, when one parent moves even 30 miles away, it can disrupt the child’s school routine, extracurriculars, and daily rhythm. In Texas, there are expanded standard possession orders that allow for closer to equal time, but only when parents live within 50 miles of each other.

Even when geographic proximity isn’t an issue, work schedules, transportation, and after-school logistics can complicate an equal split. One parent may work nights or travel frequently for business, while the other handles day-to-day routines. Judges in Texas family courts consider the child's best interests first, and if the proposed 50/50 schedule causes unnecessary disruption or stress, the court may decide against it, regardless of the parents’ preferences.

Co-Parenting Cooperation Is Essential, But Not Always Realistic

A successful 50/50 custody arrangement depends heavily on the ability of both parents to communicate and cooperate effectively. Equal time-sharing requires consistent coordination for school pickups, extracurricular activities, healthcare, and more. Parents must be willing to compromise, communicate respectfully, and keep the child’s needs at the forefront of every decision. When parents have high levels of conflict or unresolved emotional issues from the divorce, these cooperative behaviors can be difficult to maintain.

In high-conflict cases, 50/50 custody often leads to more disputes rather than fewer. Missed exchanges, conflicting schedules, or disagreements over rules and expectations can create instability for the child. Judges are less likely to grant equal parenting time if they believe the parents cannot co-parent without significant conflict. Attorney Leslie Barrows regularly helps clients evaluate whether a shared schedule is truly in the best interest of their child or if a more traditional arrangement might provide greater consistency and peace of mind.

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Texas Law Does Not Automatically Presume Equal Possession

There is a common misconception that Texas courts presume equal time or 50/50 custody in all cases. While Texas law presumes that both parents should be named joint managing conservators, sharing decision-making authority over the child, this does not mean equal physical possession. In most cases, one parent is still designated as the “primary” parent with the right to determine the child’s primary residence, and the other parent is given visitation based on a standard or modified schedule.

Legislative efforts in Texas have been made to create a presumption of equal parenting time, but to date, no law has been passed that requires 50/50 custody as a starting point. Judges retain discretion to determine what arrangement best serves the child’s interests, considering factors like age, maturity, parental involvement, and stability. It is possible for parents to agree to a 50/50 schedule in mediation or through a parenting plan, but unless both parents are on board and can demonstrate that it works, the court may opt for a more traditional structure.

Life Changes and Evolving Needs Can Disrupt Shared Schedules

Even when a 50/50 schedule is initially approved, maintaining it over time presents additional challenges. As children grow older, their academic demands, social calendars, and personal preferences evolve. What works for a five-year-old may not work for a teenager involved in sports, part-time work, or college preparation. New relationships, job changes, or remarriages can also impact the ability to stick to a rigid equal-time plan.

Leslie Barrows frequently advises clients to build flexibility into their parenting agreements, allowing for revisions as life circumstances change. Courts in Texas allow for custody modifications when there has been a material and substantial change in circumstances. Still, if the original 50/50 agreement was the result of careful negotiation or litigation, making changes later may require returning to court and presenting new evidence to support the modification.

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Professional Guidance Can Make or Break a 50/50 Custody Request

Pursuing a 50/50 custody schedule requires a clear and strategic legal approach. The court must be shown that both parents are equally capable and committed to serving the child’s needs. In some cases, the court may appoint a custody evaluator, amicus attorney, or guardian ad litem to investigate and make recommendations. These professionals will assess each parent’s home environment, ability to provide care, and willingness to cooperate.

Attorney Leslie Barrows helps clients prepare for these evaluations and ensures that they are putting their best foot forward throughout the process. When one parent has a stronger history of involvement or can offer greater consistency, the court may be reluctant to disrupt the child’s stability by shifting to a 50/50 arrangement. For that reason, it’s important to build a case with evidence that supports not only your ability to care for the child but also your readiness to collaborate with the other parent long-term.

Contact The Barrows Firm to Discuss Shared Custody in Your Case

The idea of shared parenting appeals to many separating or divorcing parents, but a 50/50 custody schedule in Texas is not a guarantee. Every family situation is different, and the courts prioritize the child’s best interests above all. If you are considering a shared custody schedule, it’s essential to consult with a family law attorney who can guide you through the process and help you understand what is realistic and what is not.

Attorney Leslie Barrows and her team at The Barrows Firm in Southlake provide experienced and compassionate legal counsel in all areas of family law. From negotiating parenting plans to representing clients in custody hearings, Leslie helps families find solutions that work and last. Schedule a consultation today by calling (817) 481-1583 or visiting www.BarrowsFirm.com.