Justia Lawyer Rating for Jose Noriega
Superlawyer Badges
AV Preeminent Badge
AVVO Rating 10.0 - Top Attorney Criminal Defense
AVVO Rating 10.0 - Top Attorney Personal Injury
AVVO Top Contributor - Criminal Defense
AVVO Clients' Choice - Car Accidents
AVVO Top Contributor - Family
AVVO Clients' Choice - Criminal Defense

Week on/week off custody. Will a 50/50 possession schedule work for you?

Several courts are approving a week on/week off or some other version of a 50/50 possession schedule. Most of the time, it has to be agreed upon by the parties. Otherwise, most courts will stick to the Texas Family Code as a guide for visitation which is some parent is primary and the other parent has standard visitation or expanded standard.

For a 50/50 possession schedule to work, it must be in the best interest of your children. That is the most important factor that a court will consider when determining whether or not to approve the possession schedule. So, how do you determine if this is the case for you and your family? First of all, you do need to live relatively close to the other parent. Reason being, whether you have week on/week off, a 2-2-3 schedule (parent A has Mon/Tues., parent B has Wed./Thurs., and then alternate Fri.-Sun.), or some other 50/50 possession schedule, you have to make sure either you or some other competent adult that you elect can get the children to and from school on your days.

Second of all, you really need to be able to co-parent with the other party to the extent that you can at least communicate civilly regarding the children. This does not mean that you absolutely have to communicate in person with the other parent, texting and e-mailing is okay. But, obviously if you can hold a conversation with the other parent in front of your children and play nice, this is going to be viewed as a tremendous effort by both parties’ when the judge is considering your case. Co-parenting includes being on the same page with certain issues such as bedtime, homework, punishment, etc. As you can imagine, if one parent allows the children to stay up all hours of the night on a school night while the other parent has a strict schedule, this probably will not work. Again, that is where the communication comes in as an important factor. It would be great if you could sit down with the other parent and decide what you are going to do when the children make a bad grade, defy you, etc. Are you going to ground them? If so, what will the grounding consist of—taking away television/phone/electronics privileges?

If you and the other parent can accomplish this, the judge on your case will surely commend both of you. Not only is it the public policy of the Texas legislature to promote and foster healthy relationships between children and their parents, it is better for everyone involved. Children have a hard time coping with cases, especially when the parents are fighting constantly and at odds with one another. Remember, at some point you loved the other parent and you had children together. Now, you cannot live together but do you want that to mean that you only see your children first, third and fifth weekends? If you can make a 50/50 possession schedule work, you will definitely be happier.

This is an obvious difficult decision on all sides. Contact your attorney at Guest and Gray Law Firm to discuss all of your options and come up with the best result for your family.

Client Reviews
Guest and Gray law firm is wonderful. I have had the chance to work with three of the lawyers and they all have been wonderful. They will tell you when you need a lawyer and when you don't. They actually try to save you money. They respond very fast to questions and try to help you understand what is going on. They are caring and are really judgment free. If I needed a lawyer again I would use this firm in a second and recommend them. K.K.
I used Guest and Gray to deal with my ex wife's accusations of child neglect.I dealt with Robert Guest and Tracy Gray. Both were excellent attorneys and surpassed every expectation I had in fighting the false accusations. We Won ! M.B.
I used Guest & Gray for a child custody case and they were great. I was really nervous about the case but they took care of everything and answered all my questions. I would recommend their services to anyone. J.R.
I can highly recommend Guest and Gray. I have worked on a number of cases with Robert Guest and and Scott Gray and find it amazing how MOTIVATED they are to do everything they can for their clients, not to mention that there superior knowledge, etc. In criminal cases supportive relatives always want to know "what can I do" to help. Hire Guest and Gray. C.S.