Cedar Park, TX asked in Child Custody, Divorce and Family Law for Texas

Q: What are my steps to help secure at least 50 50 custody of our 3 kids during divorce?

Neither one of us are unsafe around them. I just dont want to lose them if we end up getting divorced. What are my best options as the husband to help keep it even time?

1 Lawyer Answer
Chad Zubi
Chad Zubi
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: One thing that courts consider when devising a parenting plan is how much each parent is involved with the children before the divorce, being a big part of the kids' life can have a big impact on the result of a child custody case.

That being said, the standard possession order is presumed by courts to be in the best interest of children. You can find the standard possession in the Texas Family Code or by doing a quick google search, it may work well for you so I suggest talking the time to understand it. You can also reach out to an attorney to explain it to you.

A 50/50 schedule is not usually awarded by courts, one reason is that it may not work well logistically, for example, if the kids are switching houses each week then the parents have to live close to each other for the children to easily attend school, this may not work well for the parents. It isn't impossible to get a 50/50 schedule, but the best place to get something like that is in mediation. I suggest you consult with a lawyer to help you develop a strategy to achieve your goals, it may be that a 50/50 is what works best for you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.