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972-248-8080 DALLAS
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512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

Split Custody In Texas: Sharing The Love!

John Wilson • May 27, 2019

Split Custody Possession Schedules When You Have To Go It Alone

Exploring 50/50 Split Custody Possession Schedules in Texas

There are various types of 50/50 split custody possession schedules. As parents, you can be as creative as you want in creating a possession schedule, provided that your creativity is shown to be in the best interest of the child. Our Dallas divorce and child custody attorneys are ready to assist you in child custody litigation and can work with you to help determine a child custody schedule that works best for your family. This article contains typical child possession schedules that you or a court may consider when determining a 50/50 split custody schedule.


What is Split Custody?

Split custody, or 50/50 custody, is possible when both parents remain amicable, live in close proximity to each other, and work together for the best interest of their child. It allows each party to share as many experiences with the child as they can after separation or divorce. Although this type of custody requires more work from both parties, it is a great alternative to one parent having primary custody while the other is allotted possessory conservatorship or visitation. However, the court will not always approve this type of schedule unless the parties expressly agree to the 50/50 custody arrangement and the court finds that such a split possession schedule is “in the best interest of the child.”


Does The Texas Family Code Provide For A Split Custody Schedule?

The Texas Family Code does not provide for a 50/50 possession schedule. Often, without agreement, the Court will look to a social study, home study, or psychological evaluation of the parties before it would even consider an order granting a 50/50 split. The court must have some reason to find that a 50/50 possession schedule is in the best interest of the parties, especially when one party does not want it. Simply, a split schedule is not guaranteed unless the parties can agree and show that it is in the best interest of the child.


What Does The Court Look For In Awarding Split Custody?

In order for a 50/50 possession schedule to be in the best interest of the child, the court must be convinced of the following:

  1. Both parties will be able to work together, communicate schedules and exchanges, and put aside differences for the benefit of the child.
  2. The child must be able to commute with as little disruption to life as possible, meaning both guardians must live close in proximity to one another, the child's school, and within a general area.
  3. Both parties must have emotionally and physically stable and healthy homes for the child.
  4. 50/50 shared custody must be in the best interest of the child.

One of the main features of a 50/50 possession schedule is that the child’s home environment changes multiple times during the week. Some children may thrive in such environments, especially if they are strongly bonded to both parents. However, some children will inevitably experience anxiety with such frequent exchanges, struggle with keeping up with their homework and extracurricular activities, and could even suffer from depression if they don't feel like they have a “home” due to the constant rotation. Simply, for some children, rotating between parental homes may not be the best option. Parents know what's best for their child, so if your child struggles with anxiety, depression, learning differences, or other mental or medical needs, these proposed split custody schedules may not work for your child.


Split Custody Schedule: Alternating 2-Day Split

The alternating every two (2) days schedule is a 50/50 possession schedule that literally has the child alternating parental homes every two (2) days. While beneficial for very young children who need frequent contact with each parent, it is a very fast rotation that may not work for older children. It is important that the parents live close, and preferably in the same school district.

Split Custody Schedule: Alternating 2 Day Split

Split Custody Schedule: Every Weekend with School Time Removed

This type of schedule means that school time, or any third-party interaction, is removed because the child is not present with either parent during those times. With the third-party time removed, one parent gets the child during the week, while the other has the child on the weekends. This basic 50/50 schedule, known as the every weekend with school time removed custody schedule, is illustrated below.

Due to work, school, and other scheduling conflicts, many individuals find this a great schedule. If this schedule aligns with the needs of each party involved, it is an effective way for the child to spend time with each parent without the stress and worry of midweek exchanges. This arrangement ensures that the child can maintain a consistent routine during the week while also enjoying quality time with each parent on the weekends.

Split Custody Schedule: Every Weekend with School Time Removed

Split Custody Schedule: 2-2-3 Custody Schedule

Although it may appear complex at first glance, the 2-2-3 child custody schedule is quite simplistic. Here’s how it works:

  • First Two Days: One parent has custody of the child for the first two days of the week.
  • Next Two Days: The other parent has custody of the child for the following two days.
  • Remaining Three Days: The child returns to the first parent’s home for the remaining three days of the week.

The schedule then rotates the following week so that the second parent has custody of the child for the first two weekdays and the following weekend. This schedule creates a predictable rotation where each parent has custody of the child on some weekdays and every other weekend.

Many parents prefer this schedule because it allows them to be a regular part of their child's life, with consistent and frequent interaction. The 2-2-3 schedule ensures that both parents share in weekday routines and weekend activities, fostering a balanced and stable environment for the child.

Split Custody Schedule: 2-2-3 Custody Schedule

Split Custody Schedule: Alternating Weeks

The alternating weeks schedule is straightforward and easy to implement. One guardian has custody of the child for one week, and then the other guardian has custody for the following week. This arrangement is known as the alternating weeks child custody schedule.


This schedule is particularly favorable among families with older children and those who struggle with frequent exchanges. One of the main benefits is that the children feel more like a part of their family rather than visitors. With this schedule, the child can spend more extended periods with each parent, fostering a stronger bond and a more stable environment.


Overall, the alternating weeks schedule allows for a consistent routine where children can enjoy a full week with each parent, minimizing the stress and disruption of midweek exchanges.

Split Custody Schedule: Alternating Weeks

Split Custody Schedule: 2-2-5-5 Custody Schedule

The 2-2-5-5 child custody schedule is a more intricate arrangement, but once understood, it can be easily implemented. Here’s how it works:

  • First Parent’s Weeknights: The child spends two assigned weeknights (e.g., Monday and Tuesday) with the first parent.
  • Second Parent’s Weeknights: The child then goes to the second parent’s home for their two assigned weeknights (e.g., Wednesday and Thursday).
  • First Parent’s Weekend: After the second parent’s assigned days, the child returns to the first parent’s home for a three-day weekend and the first two assigned weeknights, totaling five nights.
  • Second Parent’s Weekend: The child then returns to the second parent’s home for their two assigned weeknights followed by the three-day weekend, again totaling five nights.

This rotation ensures that each parent has their two assigned weeknights and alternating weekends, providing a balanced and predictable schedule.

With the 2-2-5-5 schedule, it is easier for both parents and children to plan their business, extracurricular, and social activities. The child becomes an integral part of each parent’s weekly life while also enjoying time with each parent during rotating weekends. This consistency helps maintain a stable environment for the child and fosters strong relationships with both parents.

Split Custody Schedule: 2-2-5-5 Custody Schedule

Split Custody Schedule: 3-4-4-3 Custody Schedule

For those seeking consistency in their weekly schedule, the 3-4-4-3 child custody schedule is an excellent option. Here’s how it works:

  • First Week:
  • First Parent: The child spends the first three nights of the week with one parent.
  • Second Parent: The child spends the following four nights with the other parent.
  • Second Week:
  • First Parent: The child spends the first four nights of the week with the first parent.
  • Second Parent: The child spends the remaining three nights with the second parent.

In this schedule, the middle day of the week is the only night that varies when custody is rotated. One parent always has the beginning of the week, while the other parent consistently has the weekends. This arrangement provides a stable and predictable routine, making it easier for both parents and children to plan their weekly activities.



The 3-4-4-3 schedule ensures that each parent spends a significant amount of time with the child while maintaining a consistent weekly pattern. This stability is beneficial for the child's well-being and helps both parents remain actively involved in their child's life.

Split Custody Schedule: 3-4-4-3 Custody Schedule

Split Custody Schedule: Two Weeks Each

The two weeks each child custody schedule is a simple and straightforward arrangement where one parent has custody of the child for two weeks, followed by the other parent having custody for the next two weeks.


This schedule is particularly beneficial for families with teenagers and older children who have busy schedules filled with sports, band, friends, or other extracurricular activities. The extended two-week periods allow the child to settle into each home without frequent transitions, providing stability and minimizing disruptions to their routine.


The two weeks each schedule is ideal for older children who need a schedule that doesn't interfere with their activities and who still want to spend significant time with both parents. This arrangement ensures that each parent has ample, uninterrupted time with the child, fostering stronger bonds and allowing for a more relaxed and consistent environment.

Split Custody Schedule: Two Weeks Each Child
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Female Divorce Attorneys in the Dallas-Fort Worth Area

By Leigh Whitaker • January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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Wrangling Writs of Execution in Texas

By John Wilson • January 23, 2025
Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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