If you are facing a child custody dispute in Texas, one question is probably at the top of your mind: Can I get 50/50 custody of my child?

The answer may be yes. As Texas courts increasingly recognize the importance of both parents playing active roles in a child’s life, more families are pursuing equal parenting time arrangements. However, obtaining a favorable custody order often depends on how effectively your case is presented.

That is where Cutrer Law Group can help.

Why Tarrant County Parents Trust Cutrer Law Group

When your time with your child is on the line, experience matters.

At Cutrer Law Group, we help parents throughout Hurst and the surrounding Tarrant County communities navigate child custody disputes, parenting plans, custody modifications, and visitation issues. We understand how important your relationship with your child is, and we work tirelessly to protect your parental rights and pursue the best possible outcome for your family.

Our clients benefit from personalized legal guidance, clear communication, and strong advocacy both inside and outside the courtroom.

What Does 50/50 Custody Mean in Texas?

Many parents use the term “50/50 custody” to describe a situation where a child spends roughly equal amounts of time with both parents.

It helps to know that Texas law does not actually use the word “custody.” Under Texas Family Code Chapter 153, courts instead use the terms conservatorship (the right to make decisions for your child) and possession and access (the actual schedule of parenting time). These are the same building blocks that shape Texas child custody laws as a whole, not just 50/50 arrangements. Most parents still say “custody,” and that is the term we use throughout this article, but understanding the legal terminology can help you follow your case more closely.

Texas law does not create an automatic right to equal parenting time, but the law has moved in that direction in recent years. Texas Family Code § 153.131[1] creates a presumption that both parents should be named joint managing conservators, and Texas Family Code § 153.3171[2] makes an expanded possession schedule the default for parents who live 50 miles or less apart, giving the parent with the lesser share of time close to 45 to 47 percent of parenting time unless the court finds a reason not to apply it. A true 50/50 schedule is still not automatic, but it is achievable, most often through an agreement between the parents or by presenting evidence that an equal schedule serves the child’s best interest under Texas Family Code § 153.002[3]. The specific arrangement will depend on the facts of each case.

Does Texas Favor Mothers Over Fathers?

One of the most common misconceptions in family law is that mothers automatically receive more custody rights than fathers.

In reality, Texas courts do not favor one parent based on gender. Texas Family Code § 153.003[4] specifically prohibits courts from favoring a parent in a conservatorship determination based on the parent’s sex or marital status. Instead, judges focus on factors such as each parent’s involvement in the child’s life, ability to provide a stable home, willingness to cooperate with the other parent, and commitment to meeting the child’s needs.

This means fathers who are actively involved in their children’s lives may have strong grounds to pursue substantial parenting time, including 50/50 custody arrangements in appropriate cases.

What Can Help You Obtain More Parenting Time?

If you are seeking 50/50 custody or additional parenting time, it is important to demonstrate that you are actively involved in your child’s life.

Helpful factors may include:

  • Attending school events
  • Participating in medical appointments
  • Helping with homework and extracurricular activities
  • Maintaining consistent communication with your child
  • Cooperating with the other parent when possible

Every custody case is unique, and the details of your situation can significantly affect the outcome.

Why Legal Representation Matters

Child custody cases can affect where your child lives, how important decisions are made, and how much time you spend together. The outcome can have a lasting impact on both you and your child.

Having an experienced Texas child custody attorney on your side can help you understand your options, avoid costly mistakes, and present the strongest possible case. At Cutrer Law Group, we help parents navigate every stage of the custody process with confidence while protecting what matters most: their relationship with their children.

Frequently Asked Questions 

Will 50/50 custody change how much child support I pay or receive?

Not automatically. Texas calculates guideline child support as a percentage of the paying parent’s income, and that percentage does not shift just because parenting time is closer to equal. However, Texas Family Code § 154.123[5] allows a court to consider each parent’s resources and actual expenses when a possession schedule results in a substantially equal division of time, so an equal schedule can still affect your final child support order.

Can I still get 50/50 custody if we live more than 50 miles apart?

Distance makes an equal schedule harder to manage, and it matters legally too. The expanded possession schedule described above generally applies to parents who live within 50 miles of each other. Parents who live farther apart typically follow a different schedule with fewer weekly exchanges. A true 50/50 arrangement is still possible by agreement or court order, but the logistics of school, activities, and exchanges become more important the farther apart the parents live.

Do I need a lawyer to request 50/50 custody?

You are not required to have an attorney, but child custody cases involve procedural deadlines, evidence requirements, and legal standards that can be difficult to navigate on your own. Working with an experienced Texas child custody attorney can help you present the strongest possible case for the parenting time you are seeking, whether through negotiation or in court.

Can a 50/50 custody order be changed later?

Yes. Texas courts can modify an existing conservatorship or possession order, but generally only if there has been a material and substantial change in circumstances since the last order and the requested change is in the child’s best interest, under Texas Family Code § 156.101[6].

How long does it take to get a 50/50 custody schedule in Texas?

Timing varies by county, court, and whether the parents can agree. Cases resolved through negotiation or mediation are often faster than contested cases that go to trial. An experienced attorney can give you a realistic timeline once they understand the facts of your case.

Speak With a Hurst Child Custody Attorney Today

If you have questions about 50/50 custody in Texas or are involved in a child custody dispute, the experienced team at Cutrer Law Group is ready to help.

We proudly serve parents throughout Hurst, Bedford, Euless, Fort Worth, and the surrounding Tarrant County communities.

Call (817) 422-5455 today to schedule your free, no-obligation case evaluation, or contact us online to get started. Our family law office is located at 1845 Precinct Line Rd, Suite 209, Hurst, TX 76054, and we are ready to help you protect your parental rights and your relationship with your child.

Sources

[1] Tex. Fam. Code § 153.131 (Presumption that Parent to Be Appointed Managing Conservator)
[2] Tex. Fam. Code § 153.3171 (Beginning and Ending Possession Times for Parents Who Reside 50 Miles or Less Apart)
[3] Tex. Fam. Code § 153.002 (Best Interest of Child)
[4] Tex. Fam. Code § 153.003 (No Discrimination Based on Sex or Marital Status)
[5] Tex. Fam. Code § 154.123 (Additional Factors for Court to Consider)
6] Tex. Fam. Code § 156.101 (Grounds for Modification)