One of the most common questions parents ask when facing a custody case in Texas is whether the state splits parenting time equally between both parents. The short answer is no. Texas is not a 50/50 custody state in the traditional sense. Courts follow a framework built around the child’s best interests, and that framework does not start from equal time. Understanding how Texas custody law actually works helps you know what to expect and how to fight for the outcome you want.
What Does Texas Call “Custody”?
Texas does not use the word “custody” in its Family Code. Instead, the law uses two terms that parents need to understand before anything else.
Conservatorship refers to the legal rights and duties of each parent. It covers decision-making authority over the child’s education, healthcare, and upbringing. Texas courts favor joint managing conservatorship in most cases. That means both parents share legal decision-making rights, even if the child lives primarily with one parent.
Possession and access refers to the physical time each parent spends with the child. This is what most people mean when they say “custody.” Who the child lives with, and on what schedule, falls under possession and access.
A parent can share legal decision-making rights under joint conservatorship while still having significantly less physical time with the child than the other parent. The two concepts work independently of each other.
What Is the Standard Possession Order in Texas?
Texas courts default to the Standard Possession Order, or SPO, in most custody cases. Under Chapter 153 of the Texas Family Code, the SPO sets out a presumed schedule courts treat as reasonable and in the child’s best interests.
Under the standard SPO, the non-primary parent typically receives:
- The first, third, and fifth weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- Extended summer possession
This schedule gives the non-primary parent roughly 35 to 40 percent of the year with the child. It is not equal. Texas courts treat it as the baseline, not the ceiling. The SPO applies when parents live within 100 miles of each other. When parents live more than 100 miles apart, the schedule adjusts.
What Changed with the 2021 Expanded Possession Order?
In 2021, the Texas Legislature updated the Family Code to expand the time non-primary parents can spend with their children. Under Texas Family Code Section 153.3171, parents who live within 50 miles of each other can now access an expanded possession schedule. The expanded order adds Thursday overnights and Sunday evenings to the standard schedule, bringing the non-primary parent’s time closer to 47 percent of the year.
This change does not create 50/50 custody. It moves closer to equal time without crossing that threshold. Courts still must find the expanded schedule serves the child’s best interests before applying it.
Can You Get 50/50 Custody in Texas?
Yes. Texas courts can approve a 50/50 parenting schedule. It is not the default, but it is achievable when the facts support it. Judges look at whether equal parenting time genuinely serves the child, not just whether both parents want it.
Courts are more likely to approve 50/50 custody when:
- Proximity matters — parents who live close to each other make frequent exchanges practical and low-stress for the child
- A track record of cooperation on daily parenting decisions signals to a judge that 50/50 can work
- Strong, healthy relationships with both parents give the child a foundation equal time can build on
- Stable housing, consistent routines, and appropriate supervision from both sides carry significant weight
- The child’s school schedule and activities need to fit realistically within an equal split
Courts are less likely to approve 50/50 when parents live far apart, have a history of conflict, or when one parent has concerns about the other’s ability to care for the child safely.
Does Texas Law Favor Mothers Over Fathers in Custody Cases?
No. Texas Family Code Section 153.003 explicitly prohibits courts from making custody decisions based on the sex of the parent. A father has the same legal standing as a mother when courts evaluate what custody arrangement serves the child’s best interests. The historical pattern of mothers receiving primary custody reflects social norms of past decades, not a legal bias baked into Texas law today.
Fathers in Johnson County, Ellis County, and across Texas win primary custody and equal parenting time when they present a strong case. The Texas child custody attorneys at McCarty-Larson, PLLC have helped both mothers and fathers fight for arrangements that reflect the reality of their involvement in their children’s lives.
What Factors Do Texas Courts Use to Decide Custody?
Every custody decision in Texas runs through one filter: the best interests of the child. Courts consider a range of factors when evaluating what arrangement best serves the child, including:
- Physical and emotional needs of the child, both now and looking ahead, shape every custody decision
- Day-to-day consistency matters — each parent’s ability to reliably meet the child’s needs is closely evaluated
- Home stability and living situation for each parent factor heavily into the court’s assessment
- The child’s existing relationship with each parent and with siblings carries real weight in the judge’s decision
- Any history of family violence, abuse, or neglect is taken seriously and can significantly affect the outcome
- Older children who can express a reasoned preference may have that preference considered by the court
- A parent’s willingness to support the child’s bond with the other parent is something judges watch closely
- Geographic distance between homes affects the practicality of any proposed schedule and influences what a court will approve
No single factor controls the outcome. Judges weigh the full picture together.
Can Parents Agree to 50/50 Without a Judge Deciding?
Yes, and this is often the most effective path. When both parents reach their own agreement on a custody schedule, a court reviews it and approves it if it meets the child’s best interests. Parents who negotiate directly, through mediation, or with the help of their attorneys have more control over the outcome than parents who leave the decision to a judge.
A negotiated 50/50 arrangement avoids the uncertainty of a contested hearing and keeps the focus on what works for the child rather than what a court orders by default. Many families in Burleson, Midlothian, and the surrounding area reach workable custody agreements without ever going to trial.
What If the Other Parent Refuses to Agree to Equal Custody?
When parents cannot reach an agreement, the case goes before a judge. At that point, the parent seeking 50/50 custody needs to build a case demonstrating why equal time serves the child’s best interests. That means gathering evidence of your involvement, stability, and ability to co-parent effectively.
Courts do not reward the parent who fights hardest. They reward the parent who demonstrates, with real evidence, that their proposed arrangement gives the child the best possible environment to grow up in.
The family law attorneys at McCarty-Larson, PLLC help parents throughout Johnson County and Ellis County build custody cases grounded in facts. Whether you want to negotiate a fair schedule or fight for one in court, we will tell you exactly where you stand and what your options are.
Contact McCarty-Larson, PLLC today for a free consultation. Call 972-775-2100 or reach out online to speak with a Texas custody attorney about your case.