Pursuing Shared & Joint Custody in Texas: Building Equitable Co-Parenting Plans

Redefining Custody for Modern Families: The Case for Shared Parenting

In today’s evolving family landscape, many parents recognize that their children thrive best with meaningful, consistent involvement from both mother and father. Shared custody—often referred to in Texas as joint managing conservatorship with equal or significant parenting time—moves beyond the traditional model of a “primary” and a “weekend” parent. At Barton & Associates, Attorneys at Law, our San Antonio child custody attorneys are strong advocates for well-structured shared parenting arrangements when they serve a child’s best interests. We help parents design, negotiate, and secure custody orders that foster true co-parenting partnerships, providing children with the stability, love, and guidance of both parents in their daily lives.

Texas law does not mandate a 50/50 time split, but the Texas Family Code establishes a strong presumption that appointing parents as Joint Managing Conservators (JMCs) is in the child’s best interest. This means both parents share the fundamental rights and duties of parenthood. However, the critical and often contested issue is which parent has the exclusive right to designate the child’s primary residence. True shared custody aims not only for joint decision-making (legal custody) but also for an equitable division of physical possession time. Our approach is to help parents demonstrate to the court that a shared residential schedule promotes the child’s emotional health, maintains strong family bonds, and aligns with the core “best interest of the child” factors enumerated in Texas law.

Understanding Joint Managing Conservatorship in Texas

The foundation of any shared custody arrangement in Texas is the legal designation of Joint Managing Conservatorship. When parents are named JMCs, they share the rights and responsibilities to make important decisions regarding the child’s:

• Education (choice of school, tutoring, extracurricular involvement)
• Medical and Dental Care (selecting providers, consenting to procedures)
• Psychological and Psychiatric Treatment
• Moral and Religious Training

However, even as JMCs, the court must designate one parent who has the exclusive right to establish the child’s primary residence within a specified geographic area (often the county or contiguous counties). This designation has historically been a major point of contention, as it can influence the default possession schedule and child support.

The Path to True Shared Physical Custody

The key to achieving a balanced, shared physical custody arrangement lies in the possession schedule. While the Texas Standard Possession Order (SPO) is the default, it allocates significantly less than 50% of overnights to the non-primary parent. Therefore, parents seeking a truly shared arrangement must proactively negotiate and draft a Modified or Custom Possession Order.

Successful shared custody schedules often feature:

• A 2-2-3 Schedule: The child spends two days with Parent A, two days with Parent B, and three days with Parent A, then alternates.
• A 2-2-5-5 Schedule: A two-day rotation followed by a five-day rotation, providing longer blocks of time.
• A Week-On/Week-Off Schedule: Often ideal for older children and parents who live in close proximity, minimizing transitions.
• A Hybrid Schedule: Combining elements of different schedules to accommodate school, work, and extracurricular activities.

The “best” schedule is the one that minimizes disruption for the child while maximizing meaningful, predictable time with each parent.

The “Best Interest of the Child” Factors Supporting Shared Custody

To persuade a court to order a non-standard, shared residential schedule, you must align your request with the statutory “best interest of the child” factors. We help you build a compelling case by emphasizing:

1. The Child’s Emotional and Physical Needs: Demonstrating that the child has strong, secure attachments to both parents and benefits from daily involvement in both households.
2. Each Parent’s Ability to Provide: Presenting evidence of both parents’ stable homes, consistent routines, and active involvement in the child’s schooling, healthcare, and activities.
3. The Stability of Each Home: Showing that both parents can provide a safe, nurturing, and consistent environment.
4. Parental Cooperation: Perhaps the most critical factor. Courts are hesitant to order complex shared schedules if parents are entrenched in conflict. We help you demonstrate a willingness and ability to communicate effectively, use co-parenting tools (like OurFamilyWizard), and prioritize the child’s needs over parental disagreement.
5. Geographic Proximity: Shared custody is most feasible when parents live near each other and the child’s school, minimizing commute times and logistical strain.

Addressing Common Challenges and Objections

Pursuing shared custody is not without its hurdles. We prepare our clients to address common objections proactively:

• “It’s Too Disruptive for the Child”: We counter this by presenting child development research that emphasizes the importance of both parents and argue that a consistent, predictable shared schedule provides stability of relationships, even with physical transitions.
• “We Can’t Communicate”: We help clients establish structured communication protocols, propose the use of a parenting coordinator for high-conflict cases, and argue that a clear court order reduces ambiguity and thus conflict.
• “The Child is Too Young”: While infant and toddler schedules may be different, we advocate for age-appropriate plans that gradually increase parenting time to build toward a shared model as the child grows.
• Opposition from the Other Parent: When faced with resistance, we leverage mediation and skilled negotiation. If the other parent’s opposition is unreasonable, we are prepared to litigate, presenting evidence that their stance is contrary to the child’s best interest.

The Barton & Associates Strategy for Securing Shared Custody

Our approach is collaborative, evidence-based, and focused on creating sustainable solutions.

1. Comprehensive Co-Parenting Assessment

We begin by thoroughly evaluating your family’s dynamics, your work schedules, your child’s needs, and your relationship with the other parent. We help you identify the type of shared schedule that would be most workable and beneficial.

2. Developing a Detailed Parenting Plan

A successful shared custody order depends on exquisite detail. We help you draft a comprehensive parenting plan that addresses:

• The precise residential schedule for the school year, holidays, and summer.
• Rules for exchanging the child (location, time, method).
• Protocols for communication between parents and between the parent and child during the other’s time.
• Procedures for resolving disputes and modifying the schedule for special occasions.
• Guidelines on introducing new partners, travel, and healthcare decisions.

3. Strategic Negotiation and Mediation

We enter negotiations or mediation with a well-reasoned proposed plan. We emphasize the benefits to the child and the reduced long-term conflict that comes from a fair, agreed order. Our goal is to secure an agreement without the need for a contested trial.

4. Persuasive Courtroom Advocacy

If an agreement cannot be reached, we are fully prepared to present your case for shared custody at a hearing or trial. We present evidence of your involvement, the strength of your bond with your child, and your commitment to cooperative co-parenting. We may utilize expert witnesses, such as child psychologists, to support the psychological benefits of a shared parenting model.

Why Shared Custody Matters: The Long-Term Benefits

Pursuing a shared custody arrangement is an investment in your child’s future and your ongoing parental relationship. Studies consistently show children in healthy shared custody arrangements benefit from:

• Stronger relationships with both parents.
• Better academic and social outcomes.
• Higher self-esteem and emotional resilience.
• A model of cooperation and respect between their parents.

Take the First Step Toward a Balanced Parenting Future

If you believe your child would benefit from a truly shared parenting arrangement, taking informed, strategic legal action is essential. The default system will not automatically provide it; you must proactively advocate for this outcome.

Contact Barton & Associates today for a confidential consultation with a dedicated San Antonio child custody attorney. Call our office at 210-500-0000 to discuss your goals for shared custody. Let us help you build a compelling case and pursue a parenting plan that allows you to remain a fully engaged, everyday presence in your child’s life. Your active role in your child’s upbringing is worth fighting for.