During the last legislative session, a bill that would have made 50/50 custody agreements automatic in most divorce cases failed. Disappointed parents rallied to express their disappointment in the failure of a bill that they feel would have protected the health and well-being of the children of divorced and divorcing parents.

House Bill 453 was authored by State Representative James White (R-Woodville), wrote the bill, which would have meant a departure from the traditional divorce custody model where the mother would be given full custody of the couple’s children to a model that would automatically give divorcing parents 50/50 custody. Many divorced parents whose children spend less than half of their time with them lament their current custody arrangements and feel that the lack of adequate time spent with their children negatively affects their children’s relationship with them. The bill was similar to proposals that are under consideration in at least four other states, and it is worth noting that in nearly twenty other states, shared custody is required or at the very least expected in the absence of a compelling reason for a different arrangement.

The parents at the rally felt that the value system that underlies the primary-custody-to-mother custody model has changed, which means that the courts should change their custody model to acknowledge the shift away from father-as-breadwinner/mother-as-homemaker families towards the more typical dual career family. In addition to and perhaps even more important than keeping with changing times, shared parenting is beneficial for both children and parents. It preserves the psychological role of each parent as equal to the other, which creates less distress for the children during and after the transition into two households. Parents who get equal parenting time are also less likely to have conflict. This is not to say that there’s a complete absence of conflict, only that the overall level of tension and conflict gets drastically reduced which benefits everyone. Shared parenting also allows for economic equality, and in situations where child support goes from one parent to the other, there is much less discussion of it or resentment of it when parents get to spend equal time with their kids.

There are some situations in which 50/50 parenting is not a beneficial situation for parents or children. Some examples include high levels of persistent and unresolved conflict, domestic violence, and substance abuse. Conditions that would make shared parenting physically or emotionally unsafe are not the only circumstances which would make 50/50 custody less than desirable. The careers and desired location of the parents can also be a reason for parents to choose a custody arrangement that does not provide for equal parenting time. The children’s’ ages and emotional needs are also essential considerations in any discussion and determination regarding custody.

In light of the failure of the bill that would mandate 50/50 custody in most divorces, it is critical that parents remember that they are free to design a custody arrangement that will work well for themselves and their children instead of having the court decide who gets how much parenting time. If you have custody questions related to your Texas divorce, call  (903) 753-7499 today to schedule an initial consultation with Texas Family Law Attorney Alex Tyra. Alternatively, you can visit us online anytime to submit an online contact form.