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50/50 Schedules and the Law

On March 13, 2017

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I am frequently asked about the law on a 50/50 or equal schedule. The Family Code does not discuss an equal schedule or 50/50 schedule. The law as it stands today is the Court should order a Standard Possession Order unless there is compelling evidence not to. There is an effort in the legislature each year to change that, and this year is not an exception.

There are several “equal parenting” bills. I have attached a link to one which it appears will receive a hearing.

http://www.capitol.state.tx.us/tlodocs/85R/billtext/pdf/HB00453I.pdf#navpanes=0

The bill does not actually outline the days and times for an equal schedule, but would require the Court to render an order that did not give one parent more than 5 days per year than the other parent. In the event this becomes law, I’ll update these postings after the session ends.

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