When parents go through a divorce or custody dispute in Texas, one of the most pressing questions is simple: How much time will each parent have with the children?
The answer is found in the Texas Family Code—but it may not be what many parents expect.
At Coker, Robb & Cannon, Family Lawyers, with offices in Denton, Frisco, and Fort Worth, we regularly guide parents through contested custody cases and negotiated parenting plans. Understanding how Texas courts approach possession is critical to setting realistic expectations and protecting your relationship with your child.
The Texas Family Code and Possession Orders
Under the Texas Family Code, the guiding principle in all custody cases is the best interest of the child.
In Texas terminology:
- “Custody” is legally referred to as conservatorship
- Parenting time is referred to as possession and access
Most parents are appointed Joint Managing Conservators, meaning they share certain rights and duties. However, possession time does not automatically mean equal time.
The Key Point:
There is currently no statutory 50/50 possession schedule provided for in the Texas Family Code.
What Judges Often Do in Contested Cases
In contested divorces and custody cases—where parents cannot agree on a possession schedule—judges generally look to the statutory default: the Standard Possession Order (SPO).
The SPO is specifically outlined in the Texas Family Code and is presumed to be in the best interest of the child for children age three and older.
The Typical Standard Possession Order Includes:
- 1st, 3rd, and 5th weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- Extended summer possession
For parents living reasonably close to each other, the SPO usually results in approximately 40–45% possession time for the non-primary parent (the parent getting 1st, 3rd, 5th weekends)—not 50%.
Why Judges Rarely Order 50/50 in Contested Cases
If the parents do not agree on a 50/50 schedule, it is unlikely a judge will order one.
Judges are constrained by:
- The statutory framework of the Texas Family Code
- The absence of a defined 50/50 default model
- The need for predictability and enforceability
- School stability and routine concerns
While some judges may deviate from the Standard Possession Order in appropriate cases, or might preliminarily order a 50/50 schedule at a Temporary Orders hearing early in the case, in contested litigation the SPO remains the most commonly ordered schedule.
Parents often come into court expecting “equal time” to be automatic. Under current Texas law, it is not.
The Good News: Parents Can Agree to Almost Any Schedule
Here is the critical distinction:
While judges are limited in contested cases, parents are not.
The Texas Family Code allows parents to agree to virtually any possession schedule they believe is in their child’s best interest. Courts will typically approve agreed parenting plans unless they are clearly contrary to the child’s welfare.
That means parents can agree to:
- A true 50/50 schedule
- Creative rotating schedules
- Customized holiday divisions
- Unique arrangements based on work schedules
When parents collaborate, the law gives them tremendous flexibility.
Common 50/50 Possession Schedules in Texas
Although not provided for in the statute, several 50/50 schedules are frequently negotiated and approved by courts.
Week-On / Week-Off
Each parent has the child for alternating full weeks.
Pros:
- Simple
- Predictable
- Fewer exchanges
Cons:
- Long time away from the other parent for younger children
This schedule works best when parents live close to one another and communicate well.
2-2-3 Schedule
Example rotation:
- Parent A: Monday–Tuesday
- Parent B: Wednesday–Thursday
- Alternating Friday–Sunday
The next week flips.
Pros:
- Frequent contact with both parents
- No parent goes long without seeing the child
Cons:
- More transitions
- More coordination required
This is common for younger children.
2-2-5-5 Schedule
Example:
- Parent A: Monday–Tuesday
- Parent B: Wednesday–Thursday
- Parent A: Friday–Tuesday (5 days)
- Parent B: Wednesday–Sunday (5 days)
This gives each parent consistent weekdays.
Pros:
- Stability for school routines
- Predictable weekly pattern
Cons:
- More time away from each parent
4. Modified Extended Standard Possession
Some families negotiate an expanded SPO that increases weekday time or extends weekends to approximate 50/50 without fully equal division.
Strategic Reality: Litigation vs. Agreement
If you are pursuing a true 50/50 schedule, understand the strategic implications:
- If the other parent agrees → you likely can obtain it.
- If the other parent contests it → the court is more likely to default to a Standard Possession Order.
This is why early negotiation, mediation strategy, and thoughtful case presentation matter.
At our firm, more than half of our legal team is Board Certified in Family Law by the Texas Board of Legal Specialization, a distinction held by fewer than 1% of Texas attorneys. We have been guiding families through complex custody cases since 1998.
We understand both:
- The legal framework judges operate within, and
- The creative solutions parents can craft when working cooperatively.
Every Case Is Fact-Specific
No possession schedule is one-size-fits-all. Courts consider:
- The child’s age
- Parental involvement history
- Geographic proximity
- School and extracurricular demands
- Communication and co-parenting ability
The “best interest of the child” standard governs every decision.
Thinking About Divorce or a Custody Modification?
If you are contemplating divorce or seeking to modify an existing custody order, it is critical to understand:
- What a judge is likely to order
- What you may realistically negotiate
- How to structure a parenting plan that protects your relationship with your child
We invite you to contact Coker, Robb & Cannon, Family Lawyers to schedule a consultation with one of our Board Certified Texas Family Lawyers in Denton, Frisco, or Fort Worth.
During your consultation, we will:
- Review your specific facts
- Analyze likely court outcomes
- Discuss negotiation strategies
- Help you design a parenting plan focused on your child’s best interest
Your relationship with your child is too important to leave to guesswork.
Call our office today or schedule a consultation through CokerLegal.com.