It is a common misconception that both parents are entitled to "equal time" with their children in a divorce. It sounds fair – two parents sharing time equally. But what sounds "fair" to the parents in theory is not always what works best for the children in practice.
The law in Texas is focused on the best interest of the child – not the parent. While it might sound like a good idea to have a child spend "equal" time with the parents, the Texas Family Code presumes that the Standard Possession Order — as opposed to equal time – is in the child’s best interest. If either parent wants to deviate from the Standard Possession Order, even if it is just to ask for equal time, that parent must establish (1) that the Standard Possession Order is not in the child’s best interest and (2) that the schedule they are requesting is in the child’s best interest.
If you are seeking a 50/50 possession schedule be prepared to show the court that you are involved in the day-to-day care of the child, from breakfast, to car pool, to soccer practice, to homework and bath time. Talk to your attorney and explore your options. 50/50 possession schedules are growing increasingly common and the best interest of the child allows the court to deviate from the Standard Possession Order under the right circumstances
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