Can a Father Get 50/50 Custody in Texas?

 Posted on August 27, 2026 in Child Custody

Many fathers worry that they will see their children less after a divorce or separation. They may also assume that Texas courts are more likely to give mothers most of the parenting time. However, Texas law does not allow judges to make custody decisions based on whether a parent is the mother or father.

A father can get 50/50 custody in Texas in 2026, but equal parenting time is not automatic. A Fort Worth, TX family law attorney can help you seek a parenting plan that protects your rights as a father.

Does Texas Custody Law Favor Mothers Over Fathers?

Texas law gives mothers and fathers the same chance to seek custody and parenting time. Under Texas Family Code Section 153.003, a court must consider each parent's qualifications without regard to the parent's sex.

Ultimately, the child's best interests come first. Texas Family Code Section 153.002 requires courts to make the child's best interest their primary concern when deciding custody and parenting time.

Texas public policy also encourages children to have frequent contact with parents who can act in their best interest. The law encourages both parents to share the rights and duties of raising their children after a divorce or separation.

Does Joint Custody Mean a 50/50 Schedule in Texas?

Joint custody does not automatically give each parent half of the parenting time. Texas law usually uses the term "joint managing conservatorship" instead of joint custody. Conservatorship deals with the rights and duties each parent has, including making certain decisions for the child.

Parenting time, or visitation, is a separate issue. Texas Family Code Section 153.135 specifically states that joint managing conservatorship does not require equal or nearly equal periods of possession.

Texas also has a standard possession order that provides a common parenting schedule. This schedule is presumed to provide a reasonable minimum amount of parenting time for children aged three and older. When appropriate, a judge can approve a different schedule for the child.

What Can Help a Father Get 50/50 Custody in Texas?

A father seeking equal parenting time should be ready to show that the arrangement will work well for his child. The focus should be on the child's daily life rather than simply making the number of days equal.

A court may look at practical issues such as:

• How involved each parent has been in the child's daily care

• Whether both homes are close enough to make school and exchanges manageable

• Each parent's ability to provide a safe and stable home

• How the proposed schedule would affect the child's school and regular activities

• Whether the parents can follow the schedule and meet the child's needs

In this type of case, a father can also benefit from demonstrating his existing role in his child's life. Items such as school records and appointment messages may help show that he has been an active parent. 

Can an Unmarried Father Get 50/50 Custody in Texas?

An unmarried father can seek equal parenting time, but he may first need to establish legal paternity. Being the child's biological father does not always establish the legal parent-child relationship on its own.

Paternity may be established through an Acknowledgment of Paternity or a court order. Once legal paternity is established, a father can ask the court for orders covering conservatorship and parenting time.

This can be an important step for an unmarried father who has been involved in his child's life but does not yet have a court order protecting his time with the child.

Can a Father in Texas Ask to Change an Existing Custody Schedule to 50/50?

A father who already has a custody order may be able to ask the court to modify it. However, Texas courts do not change an existing order simply because a parent would prefer more time.

According to Texas Family Code Section 156.101, a parent generally must show a material and substantial change in circumstances and that the requested modification would be in the child's best interest. 

For example, a schedule that was impractical when the parents lived far apart may become easier if they now live close to each other. A major change in a parent's work schedule could also affect what parenting arrangement is practical.

Talk to a Fort Worth, TX Father's Rights Lawyer About 50/50 Custody

Fathers should have the opportunity to have meaningful relationships with their children after a divorce or separation. The attorneys at The Law Office of J. Kevin Clark P.C. represent fathers in child custody and other family law disputes. Our attorneys are members of the Texas Bar Foundation and the Tarrant County Bar Association.

Contact a Fort Worth, TX family law attorney or call 817-348-6723 for a free consultation about your custody rights.