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In child custody cases, equal custody may not be the answer

Sunday, October 22, 2017

As a general rule, it is widely accepted among divorcing couples that things should be split evenly. Texas residents will note this ostensibly applies not only to marital assets but also to child custody. However, some experts have suggested that equal custody does not necessarily translate into the best interest of a child or children. While different people have different opinions on this subject, it is certainly worth considering as one goes through the divorce process. 

Quite often, domestic courts tend to err on the side of equal time with each parent in custody situations in which both parents are considered competent and deserving of that time. However, the point of custody arrangements, in spirit, is to ensure the child or children enjoy the living situation that is the least disruptive to the lives to which they have become accustomed. This may not be in line with the "equal time" model. 

Many family law professionals agree that "equal time" does not necessarily lend itself to stability in terms of parenting. While some parents are able to co-parent effectively following an amicable divorce, statistics suggest these situations are not the norm. Rather, it can be difficult to provide consistency for children in an environment that is shifting on a daily or weekly basis.

Approaching child custody in the framework of a divorce can be one of the most challenging aspects of the end of a marriage. However, it is probably fair to say that most Texas residents facing these challenges have their children's best interests at heart. With this in mind, seeking the counsel of legal professionals in terms of planning an effective custody strategy can help navigate the difficult waters of post-divorce life. 

Source: herald-dispatch.com, "John Rosemond: Equal custody in divorce not in child's best interest", John Rosemond, Feb. 18, 2015

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