Can Child Custody Be Split 50/50 in Texas?

When parents in Texas separate or divorce, one of the most difficult questions is: “Will my child live with me half the time?” Many hope for a clean 50/50 split of custody, thinking it’s fair and balanced for everyone. The truth is more nuanced. In Texas, child custody (more correctly: conservatorship and possession/visitation) can be split 50/50, but there is no legal presumption of equal time, and getting a true 50/50 arrangement depends on several factors.

At Mokolo Law Firm, we guide families in Texas through the child-custody process, help you understand what’s realistic, and work to secure a schedule that is in your child’s best interests and serves your family’s unique circumstances.

What Texas Law Says

• Texas does not automatically grant or assume a 50/50 time-share between parents.
• Texas uses the term “conservatorship” (legal decision-making rights) and “possession & access” (physical time with the child). “50/50 custody” is a colloquial term.
• A judge will consider what arrangement is in the best interest of the child, not simply “equal time for equal fairness.”

When a 50/50 Time Split Is Possible

Although not guaranteed, courts in Texas may approve a roughly 50/50 possession schedule when certain conditions exist:

• Both parents live near each other (ideally same school district), making the 50/50 schedule practical.
• Both parents have shown the ability to co-parent cooperatively (reasonable communication, consistency, no major conflict).
• The arrangement supports stability for the child (routine, schooling, travel, etc.).
• The parents have agreed to or proposed a clear plan for how equal time will work (it often helps if the parents agree).

When these factors align, a 50/50 time-share may be approved, but it’s still the exception rather than the automatic rule.

Why 50/50 May Not Be Approved

There are many reasons a court may decide against a 50/50 split:

• One parent lives far away or travel between homes is impractical.
• One parent has a schedule or lifestyle that makes equal physical time difficult (work travel, odd shifts, etc.).
• The child’s needs (age, schooling, medical or emotional issues) make frequent transitions between homes disruptive.
• High conflict between the parents, which undermines effective shared parenting.
• The standard possession order (SPO) may already fit better given the child’s circumstances.

How Child Support Works with a 50/50 Schedule

One important detail: Equal time with a child does not eliminate child support automatically in Texas.
The court will still look at each parent’s income, contributions for health insurance, education, and other expenses. Even in a “50/50” time-share, a parent with significantly higher income may be required to pay support to ensure the child’s standard of living is maintained in both homes.

What You Should Do If You’re Pursuing 50/50 Time

• Collect evidence of your involvement in your child’s life: school events, medical care, routines, etc.
• Demonstrate willingness and ability to cooperate with the other parent, for example, joint decisions, consistent communication.
• Propose a realistic schedule, one you can maintain long-term, that supports your child’s stability and schooling.
• Live near your child’s school and show that transitions won’t disturb the child’s routine.
• Work with a family law attorney (like Mokolo Law Firm) to craft a custody plan, prepare documentation, and present your case.

Final Thoughts on Can Child Custody Be Split 50/50 in Texas?

In Texas, yes — child custody can be split 50/50, but it’s not the default or guaranteed outcome. What matters more is what is best for the child, and whether the parents have the capacity to sustain such an arrangement.

At Mokolo Law Firm, we believe every parent deserves a fair opportunity to spend time with their child. Our experienced team will evaluate your situation honestly, help you pursue the time-share and decision-making you desire, and tailor a plan that supports your child’s best interests and your rights as a parent.

If you’re considering custody, unsatisfied with your current schedule, or want to explore whether a 50/50 arrangement is possible in your case, contact Mokolo Law Firm today for a confidential consultation and let us guide you through the process.