Equal Child Possession in Frisco Family Courts

50/50 Child Possession in Frisco Family Courts

When parents in Frisco, Texas, consider a 50/50 possession schedule, it’s important to understand how local courts determine what’s truly in a child’s best interest. While Texas law starts with the Standard Possession Order (SPO) as a baseline presumption, Denton County and Collin County courts have the authority to approve equal-time arrangements—like a 50/50 split—if the evidence shows it supports the child’s best interest. The landmark Texas Supreme Court case, Holley v. Adams, sets out the guiding factors courts use to make these “best interest” decisions.

How Frisco Courts Decide on 50/50 Possession

Frisco, Collin County, and Denton County courts begin with the presumption that the SPO is best for children, but they will consider alternate schedules—including 50/50, or “equal Possession” schedules. The Holley v. Adams case outlines nine key factors that help courts decide what’s truly in a child’s best interest, including:

• The desires of the child (when age-appropriate)
• The emotional and physical needs of the child now and in the future
• Any emotional or physical danger to the child now and in the future
• The parental abilities of the individuals seeking custody
• The stability of the home environment
• The plans each parent has for the child
• The acts or omissions of the parent that may indicate the existing parent-child relationship is not a proper one
• The programs available to assist those seeking custody
• Any excuses for the acts or omissions of the parent

Importantly, the Supreme Court of Texas held that this list is “non-exclusive,” so any other relevant factor may be considered by Texas courts when deciding what is in a child’s best interest,

What Courts Look for in Approving 50/50 Schedules

If both parents agree to a 50/50 schedule, courts in Frisco and surrounding areas are likely to approve it—especially if the plan is detailed and child-focused. When parents don’t agree, the judge will closely examine the Holley factors and other relevant circumstances, such as:

• Ability to Co-Parent: Judges want to see that both parents can communicate and cooperate effectively for their child’s benefit;
• Proximity of Homes: Living close to each other and the child’s school is often critical for a workable 50/50 arrangement;
• Work Schedules: Each parent’s job flexibility and availability to care for the child matter;
• Child’s Needs: The child’s age, emotional development, and connection to school and community are weighed;
• Parental Involvement: A history of positive, active involvement by both parents strengthens the case for equal time;
• Stability and Safety: Courts assess whether both homes are stable and safe environments;
• Motivation: Judges look for genuine child-focused reasons for requesting 50/50, not just a desire to reduce child support or out of spite
• Any other relevant evidence indicating that the proposed possession schedule is in the child’s best interest

50/50 Custody and Child Support in Texas

A common misconception is that 50/50 possession automatically means that there will be no monetary child support ordered. In reality, Texas courts may still order support if there’s a significant income difference between parents, or to ensure the child enjoys a consistent standard of living in both homes. The court may:

• Offset support based on each parent’s income;
• Consider who pays for health insurance, extracurriculars, and other expenses;
• Approve an agreement to waive support if both parents earn similar incomes and share costs equally;

The bottom line: child support decisions are always made with the child’s best interest in mind, not just the custody split;

Frisco-area families have access to experienced mediators, parenting classes, and family law attorneys who know the local courts and understand the nuances of 50/50 custody. If you’re unsure where to start or facing disagreement with your co-parent, consulting a knowledgeable Frisco child custody lawyer can make all the difference.

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At Heiman Law Firm, we proudly serve families throughout Frisco, The Colony, Little Elm, Prosper, Savannah, and across Collin and Denton Counties. If you have questions about 50/50 custody, child support, or any family law matter, contact us today for a confidential consultation.

This post is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please contact a qualified Frisco family law attorney.

By grounding your case in the Holley v. Adams best interest factors and demonstrating a genuine commitment to your child’s well-being, you can present a strong argument for 50/50 possession in Frisco family courts