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Faq & More >> Articles >> Articles about Suits Affecting the Parent-Child Relationship >> 50/50 Possession Schedules
50/50 Possession Schedules
February 10, 2020

Paper cut out of a family standing on yellow block letters that spell child custodyA 2018 study by the website CustodyXChange.com looked at how much possession time fathers receive in each of the 50 states. The study determined that fathers in Texas have possession of their children about 33% out of the total available time for possession in a year. For Texas, the study used the standard possession order in Texas. To learn more about the standard possession order, check out our FAQ. This study was also limited to situations where there were no extenuating circumstances such as criminal activity or long-distance separation. The national average for fathers was 35%. What's also interesting is that 20 states have adopted a 50/50 possession schedule. Among the states that have not adopted a 50/50 possession schedule, Texas ranks second in time awarded to fathers.

While 50/50 possession schedules are not built into the Texas Family Code, they are still available to parents should a Court decide to adopt such a schedule and/or should the parents agree to such a schedule. Below we will review three common 50/50 possession schedules.

Week On/Week Off

In this schedule, each parent has the child for alternating weeks. The easiest way to handle this split is to give one parent even numbered weeks and the other parent odd numbered weeks. Spring Break, Thanksgiving, Mother's Day, Father's Day, Christmas break and summer possession would trump the regular alternating schedule. The parents typically alternate the years in which they have possession of the child during Spring Break and Thanksgiving. Much like in the Standard Possession Order, the parents split Christmas break, with the parents alternating which year they have the first and second half of the Christmas break. Typical in this schedule is both parents having an equal amount of extra days in the summer with the child.

2-2-3 Schedule

In this schedule, during the even numbered weeks of the year, parent A will have the child for Monday and Tuesday and parent B will have the child for Wednesday and Thursday. During odd numbered weeks, parent B will have the child for Monday and Tuesday and parent A will have the child for Wednesday and Thursday. Parent A will have weekends during even numbered weeks, and parent B will have weekends during odd numbered weeks. Spring Break, Thanksgiving, Christmas break, Mother's Day, Father's Day and summer possession would trump the regular 2-2-3 schedule. The parents typically alternate the years in which they have possession of the child during Spring Break and Thanksgiving. Much like in the Standard Possession Order, the parents split Christmas break, with the parents alternating which year they have the first and second half of the Christmas break. Typical in this schedule is both parents having an equal amount of extra days in the summer with the child.

2-2-5-5 Wrap Schedule

In this schedule, parent A has the child every Monday and Tuesday, and parent B has the child every Wednesday and Thursday. The parents alternate weekends. Thanksgiving, Mother's Day, Father's Day, Christmas break and summer possession would trump the regular 2-2-5-5 schedule. The parents typically alternate the years in which they have possession of the child during Thanksgiving. Much like in the Standard Possession Order, the parents split Christmas break, with the parents alternating which year they have the first and second half of the Christmas break. Typical in this schedule is both parents having an equal amount of extra days in the summer with the child. Typically, holidays and summer possession are not counted when figuring out which parent has possession for the weekend during the regular non-holiday and non-summer schedule.

There are some factors to keep in mind when considering whether a 50/50 possession schedule would work for a particular case. First, have the parents demonstrated a strong ability to co-parent? 50/50 schedules only really work if the parents can co-parent well together. Second, do the parents live relatively close to each other? With a 50/50 schedule, a primary concern is where the child will be eligible to attend school. To bypass this concern, 50/50 schedules are really best when both parents live within the same school district. This also minimizes discrepancies in travel time to school for the child from either parent's home. In our experience, many courts are unlikely to even consider an agreed 50/50 schedule unless the parties can demonstrate that they have been successfully implementing a 50/50 schedule and that the child is doing well under the 50/50 schedule.

If you feel a 50/50 possession schedule may be appropriate in your case, contact Sugar Land child custody attorney Chikeersha Puvvada at 281-313-5300 or online today to schedule a consultation..

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