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Should courts favor 50/50 custody?

In Texas, access to children is often at issue in divorce cases. Some fathers have argued that the courts should grant 50/50 custody unless doing so would not be in the best interests of the children. However, the courts still grant possession to the mothers in most cases.

According to the Texas Fathers' Rights Movement, fathers are rarely granted equal access to their children. The organization argues that children deserve to spend equal time with both parents and believes that joint possession orders should be the rule rather than the exception in the state.

In 2017, a proposed bill that would have allowed judges to order equal possession and access unless it was against the children's best interests did not make it through the legislature. It is unclear if the bill will be reintroduced in 2018. Studies have shown that children who have liberal contact with both parents are better adjusted and happier than are children whose access to one parent is limited.

Courts in Texas are supposed to make their possession and access decisions according to what they believe is in the best interests of the children rather than the best interests of the parents. Parents who are involved in a dispute over child custody might want to consult with experienced family law attorneys about their situations. The lawyers may offer guidance about what their clients might expect to happen in their court cases. The lawyers may be able to negotiate agreements with the other parents so that their clients and the children are protected. In cases in which agreements cannot be reached, the lawyers may be able to advocate for their clients' interests by litigating the matters in court.

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