And now to address Point #1, as stated by the Texas Family Law Foundation:
50/50 Shared Parenting undermines judicial discretion in determining custody.
The Texas Family Law Foundation claims judges can “already (award 50/50) where it is deemed appropriate.” The TFLF also claims a presumption of 50/50 would remove “significant judicial discretion in deciding custody arrangements.”
Two statements. Two distortions.
Let’s dive in, shall we?!
First, here is an open invitation to all divorce lawyers: Please provide the section of the code that specifically mentions equal custody (50/50) as an option.
Folks, don’t hold your breath waiting for a divorce lawyer to provide this information. If you want to read the section of the code that deals with Possession and Access simply get a copy of Section 153 of the Texas Family Code.
Let me know when you find a specific mention of 50/50.
I’ll move on to the second distortion trusting that if anyone finds a reference to equal shared parenting in the Texas Family Code they will send it to me. (HINT: There actually is a reference to equal parenting time, but it supports my position that there isn’t one.)
Let’s pretend, for the sake of argument, that the code contains language about 50/50 or equal time. If it did, the options available to a divorce judge in Texas would be as follows…
- Standard Possession. As the name implies, this is the starting point.
- Expanded Standard Possession
- Equal Possession
- Supervised Visitation
- No Access
The TFLF wants you to believe that simply rearranging the order would not just limit but remove significant judicial discretion in deciding custody arrangements.
Actually, let me correct myself. They don’t care if you believe it or not. They only care if they can get the Juvenile Justice & Family Issues Committee in the Texas House of Representatives to believe it.
And right now they are lobbying HARD.
In the next blog I will get to what I believe is the truth about the Texas Family Law Foundation.