As a dad with a steady job and no adverse history, how good are my chances at getting 50/50 custody split?

Asked on September 10, 2012 under Family Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two types of custody which are physical custody and legal custody.  Physical custody means the parent with whom the child lives.  Legal custody means making decisions about the child's healthcare, education, etc.

The court considers what is in the best interest of the child in determining custody.  Although it is not possible to predict the outcome of any case, you have a decent chance at getting joint custody; especially, when it comes to legal custody.  Physical custody may be more difficult.  If the child is accustomed to living with his/her mother, it is unlikely the court will alter that relationship and remove the child from the home.  Again, the court will consider the best interests of the child.  It is still possible the court might find that joint physical custody is in the best interests of the child and grant joint physical custody.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Texas has their own lingo for things as do most states.  As in all states the best interest of the child will always be the first and foremost consideration when deciding custody.  The sex of the parent no longer governs who is "better" or "best" as it used to.  Joint custody is a definite option and their is a presumption that both parents be "joint managing conservators."  Good luck.

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