Dallas divorce attorney Jennifer Hargrave explains the rise of 50/50 custody in Texas and what they really mean for families in the North Dallas metroplex. While equal parenting time may sound fair, it can create serious issues in cases of abuse, high conflict, or when one parent isn’t equipped to co-parent effectively. Jennifer discusses how child support incentives, false abuse allegations, and rigid custody laws can complicate divorce and impact children. If you’re considering divorce in Texas, this episode sheds light on the realities of shared custody.
Here’s how equal parenting time works within the Standard Possession Order. We explain when courts name joint managing conservators, how judges apply the best interest of the child, and how child support with 50/50 custody laws may change. Use this guide to shape a practical parenting plan that fits real-world schedules.
Transcript
Host:
According to the Wall Street Journal, more states are requiring that couples agree to 50/50 shared custody in order to get divorced. That’s bringing divorce rates down, but also hiding other issues. Here to discuss is Jennifer Hargrave, family law attorney in Dallas and owner of Hargrave Family Law. Jennifer, what’s the good and bad of shared custody?
Jennifer Hargrave:
In general—at least here in Texas—historically we’ve had the idea that one parent has more time with the children, what we call the “primary residence.” The other parent would usually get alternating weekends—in Texas that’s the first, third, and fifth weekends.
Over the past 20 years, we’ve seen an evolution. For many families with two working parents, a more equal sharing of time makes sense. But there’s also a financial incentive. The way child support is structured, if there’s 50/50 parenting time, the higher-income earner may end up paying less in child support than if they only had weekends. So, on paper, equal custody looks fair—but in practice, it doesn’t always work out for every family.
If there’s abuse, substance abuse, or if one parent hasn’t really been involved or skilled in parenting, equal custody can create serious problems.
Host:
And in some cases, couples may even stay together for the wrong reasons?
Jennifer Hargrave:
Absolutely. That’s been true for a long time. It’s important to remember: divorce itself isn’t what traumatizes children—it’s the conflict between the parents. Equal custody laws can add one more layer of conflict.
In states where 50/50 is the default, parents now have to prove that the other parent is unfit to avoid equal time. That shifts the burden. In more traditional states, the default is one primary parent, and you have to prove why 50/50 is in the child’s best interest.
Host:
The Wall Street Journal also reported cases where shared custody was awarded even after one spouse was physically abusive. Is that something you’ve seen in your practice?
Jennifer Hargrave:
Unfortunately, yes. Abuse is often claimed in divorce cases. Sometimes it’s fabricated, but when it’s real, it’s devastating. The question becomes: what counts as abuse? Courts typically focus on physical violence. Emotional or manipulative abuse is much harder to prove, and often judges don’t want to hear about it unless there are visible injuries.
When 50/50 custody is the legal presumption, it can incentivize false allegations of abuse—but it can also put real victims in a very dangerous position if the abuse isn’t recognized.
Host:
So is there really a best-case scenario? Do courts miss something when they pass these kinds of custody laws?
Jennifer Hargrave:
Every family is unique. A rigid 50/50 rule doesn’t always serve children well—especially in high-conflict cases. Courts really need to look at all the factors, not just the numbers on paper.
Host:
Jennifer Hargrave, family law attorney in Dallas and owner of Hargrave Family Law, thank you for sharing your insights.
