1. Best Interest of the Child is Paramount
In all child custody and support cases, the best interest of the child is the controlling standard under Texas Family Code § 153.002. The court has broad discretion, and will consider all relevant evidence, to determine which arrangement best serves the child’s physical, emotional, and developmental needs.
2. Standard Possession Order Presumption
Texas law presumes that the Standard Possession Order (SPO) is in the best interest of children age three and up (Texas Family Code § 153.252). The SPO gives one parent the right to specific days and times of child possession, and the rest of the time to the other parent (note the parents can always agree to use whatever possession times work for them. The court order expressly stated that it applies only when there is not such an agreement).
- To obtain an equal (50/50) possession schedule, the requesting parent must present evidence showing that equal possession by each parent is in the child’s best interest, even thoiugh it differs from the SPO. Often, the scenario is that the father is pushing for equal possession time, even though the mother has historically been the parent who has been more involved in dischaging parental duties.
3. Factors the Court Considers for Equal Possession
Courts evaluate relevant factors when deciding whether to order equal possession, including:
- The child’s age, needs, and development
- Each parent’s ability to care for the child and provide a stable home
- The parents’ work schedules and availability (this includes their ability to address unpredicted situations, such as a sick child who stays home from school, or who needs to be picked-up from school, and taken to a doctor).
- The proximity of the parents’ homes to one another, the parent’s work location, and the site of the children’s school or daycare facility.
- The child’s school and community ties (will a child be forced to miss activities while in the care and possession of one parent).
- The history of each parent’s involvement in the child’s life
- The ability of the parents to cooperate and communicate
- Any evidence of family violence, abuse, or neglect
Tip: Present a detailed parenting plan showing how 50/50 possession will work logistically, and benefit the child. Be prepared to address unusual or unpredicted matters, such as a sick child
4. Child Support: Guideline Presumption and Deviations
Texas Family Code § 154.001 presumes that guideline child support is appropriate. The parent seeking a reduction in child support (from the guideline amount) must prove that applying the guidelines would be unjust or inappropriate under the circumstances.
The court may consider:
- The amount of time each parent will have the child under the proposed schedule (this is how child support ties-into our prior discussion about equal child possession times)
- Each parent’s income and resources
- The needs of the child
- Any other factor the court deems relevant (see Texas Family Code § 154.123)
Offset Approach: If the court orders equal possession and there is a significant income disparity, the court may use the “offset” method (calculate both parents’ guideline support and order the higher earner to pay the difference). Often, this offset is a primary motivator for the parent who proposes equal child possession times.
5. What Evidence Should the Parent Present?
To maximize the chances of success, the parent should be prepared to offer:
- A practical, child-centered 50/50 parenting plan (addressing school, activities, transportation, etc.)
- Evidence of active involvement in the child’s daily life (school, medical, extracurriculars)
- Proof of ability to cooperate with the other parent
- Financial documentation (pay stubs, tax returns) to support any request for a deviation from guideline support
- Testimony or records showing that the proposed arrangement is in the child’s best interests (this evidence may be simply the testimony of the parents; concessions made by a parent during Cross Examination can be some of the most effective evidence, so be sure to inform your lawyer of all relevant information. So that a proper Cross Examination can be prepared)
6. What If the Other Parent Objects?
If the other parent opposes equal possession or a reduced support amount, then the court will weigh both sides’ evidence. The requesting parent must persuasively demonstrate that their proposed schedule and support arrangement best serve the child’s needs and are fair under the circumstances.
Summary Table
| Issue | What Parent Must Prove/Show at Trial |
|---|---|
| Equal Possession (50/50) | It is in the child’s best interest, supported by evidence |
| Reduced Child Support | Guidelines are unjust/inappropriate; propose fair alternative |
| Both | Present a detailed plan, evidence of involvement, financial proof, and focus on the child’s needs |
Bottom Line
In a Texas custody and support case, the parent seeking equal possession and reduced child support must prove to the court that both are in the child’s best interest. Detailed planning, strong evidence, a child-focused approach, and proper preparation are key to persuading the judge-especially when the other parent objects.
If you have questions about preparing your case, consult an experienced Texas Family Lawyer for guidance tailored to your unique situation. We practice in Frisco, The Colony, Little Elm, Prosper, Savannah, Denton County, & Collin County, Texas.
If you have questions about preparing your case, consult an experienced Texas family lawyer, David Heiman, for guidance tailored to your unique situation. Schedule a free consultation here.
We plan on blogging regularly, check out more blog posts about child support here.