Family dynamics have changed drastically over the years. More women are not only in the workforce, but they're in higher powered jobs. More men are taking the role of father seriously and engaging with their children at higher levels. So, what does this mean for the family when the parents separate or divorce?
Texas law continues to have a default possession schedule built into statutes that designates one parent as the "primary" parent (ie, the parent whom the children reside with during the school week) and then gives the "non-primary" parent the following possession schedule:
Beginning at the time school dismisses on the 1st, 3rd, and 5th Fridays of each month, and ending the following Monday when school resumes;
Every Thursday during the school beginning at the time school dismisses and ending the following Friday when school resumes;
Beginning at 6pm on the 1st, 3rd, and 5th Fridays during the summer and ending the following Sunday at 6pm
30 days of consecutive time in the summer (which can be split into two periods of possession, or taken in one 30-day period)
Because of this, most child custody disputes stem from both parents wanting to be the "primary" parent. Sometimes, this is obvious - family dynamics get setup early on and one parent ends up being the parent who keeps the kids fed, gets them to and from doctors appointments, to and from school, chooses the doctor and dentists, gets them to extracurricular activities. But, in more modern families, there tends to not be a clearly defined "primary" or "default" parent.
Unfortunately, in some courts, the Court picks one. But, more and more judges are ordering 50/50 possession schedules when the facts support it.
It is important to choose an attorney who knows the law and the courts to know how a judge views 50/50 custody. Meeting with Mary Neal at Mary Neal Family Law, PLLC will give you insight into the types of facts that she will highlight to the judge to show your involvement as parent. Call us at 469-466-5030 to schedule a consult.
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