Learn all about child custody agreement in Texas and what Warren & Migliaccio can do to help you figure out if the 2 2 5 5 schedule is right for your family.
Custody is stressful, emotionally draining, and rarely easy—especially for parents who care deeply about finding the right parenting time arrangement for their child. At Warren & Migliaccio, we love these passionate parents because it usually means their child is very loved at the parent’s home.
Luckily, when it comes to figuring out a child custody schedule, Texas co-parents have many options for maximizing their involvement. One of the most popular child custody schedules is the 2-2-5-5 arrangement because it’s consistent, easy to remember, and allows both parents to stay highly involved in their child’s life.
What is Child Custody?
Child custody refers to legal custody arrangements that governs the rights, powers, and responsibilities associated with both caring for a child and making decisions on their behalf. This arrangement is outlined in what’s known as a parenting plan and often coincides with divorce.
In Texas, child custody is divided into two main categories: legal and physical, can be either separate or joint custody. During a custody dispute, the rights and responsibilities associated with each are divided between parents and solidified into a binding child custody plan. This document includes things like child support, living arrangements, and parenting time schedule and ensures each parent is held equally accountable for their child’s health and well-being.
But what exactly are legal and physical powers? And how do they relate to a 2-2-5-5 child custody schedule? Here’s a closer look.
Legal Custody
Legal custody refers to a parent’s right to make decisions about their child’s life. This includes choices about their day-to-day activities and more significant issues, like where a child will go to school, decisions about medical procedures, surgeries, and preferences on religious and cultural exposure.
Most of the time, legal custody is awarded equally to parents in joint legal custody. When this happens, the opinions of both parents carry equal weight, and both must agree on all major decisions—no matter where the child is living.
The only time this authority might be granted unequally is if it’s not in the best interests of the child to do so (for example, in situations of neglect or abuse). Under these circumstances, Texas courts may limit one parent’s decision-making authority or revoke it altogether.
Physical Custody
In Texas, physical custody is called “possession and access” (rather than “custody and visitation”). However, it’s essentially the same thing and refers to where a child will live, who they spend their quality time with, and for how long.
According to the Texas Family Code, a child’s best interest is served by having a relationship with both parents whenever possible. However, these relationships can’t grow without quality face time, so most courts try to divide parenting time as close to equal as possible.
Unfortunately, unlike legal custody, which doesn’t require in-person proximity, physical custody does require face time. And between busy work schedules, extracurricular activities, and other outside obligations, dividing joint custody exactly equal might be easier said than done.
For those who want to try, the 2-2-5-5 child custody schedule is an excellent place to start.
The 2-2-5-5 Child Custody Schedule
A 2-2-5-5 “wrap-around” arrangement is a fifty-fifty parenting schedule that refers to the number of on-again-off-again days a child spends with each parent. In this schedule, a child lives two days with Parent A, then two days with Parent B, followed by five days with Parent A, and another five with Parent B. With alternating weekend time that “wraps around” to the following week.
If you’re thinking, “How on earth do I keep track of all those days?” don’t worry. You’re not alone. At first blush, the 2-2-5-5 schedule sounds a bit complicated, but it’s relatively simple once you think about it like this:
- Parent A gets Monday and Tuesday every week.
- Parent B gets Wednesday and Thursday every week.
- Each parent spends every other Friday, Saturday, and Sunday with their child.
Of course, these particular possession orders only work if both parents generally live in the same area—particularly the same school district for young children. And with so many swaps going on, it also helps if the co-parenting relationship is amicable. Having separate clothes, toys, and necessities at each house makes transitions under this arrangement a breeze since your child only has to worry about what they’ll need for school the next day.
Here’s a closer look at some of the other 2-2-5-5 benefits.
Discover how the 2 2 5 5 schedule promotes equal parenting time and stability for children. Explore benefits, challenges, and flexible alternatives to meet family needs.
The Pros of a 2-2-5-5 Schedule
One of the most significant advantages of 2-2-5-5 children’s schedules is its consistency. Under this routine, parents don’t have to worry about what time of year they’ll have their child or have to guess which week to schedule that doctor’s appointment. Instead, they already know because it’s always the same.
Parents using this schedule also like that it’s:
- Structured and easy to remember.
- Requires minimal time apart from their child.
- Balances time equally between homes.
- Makes transitions between houses easier.
- Gives each parent both weekday and weekend time.
- Allows their child to maintain a stable, consistent friend and social circle, no matter where they live.
Of course, no schedule is perfect, and despite its benefits, the 2-2-5-5 arrangement does have some drawbacks.
The Cons of a 2-2-5-5 Schedule
One problem with 2-2-5-5 relates directly to its strengths, which is that such strong emotional ties to two different homes can sometimes result in a child feeling like they have no home at all. However, most of its drawbacks have less to do with the child and more with the parents themselves. For example, under this arrangement, parents must:
- Live near one another.
- Maintain open and effective communication.
- See each other a lot.
- Be able to negotiate maturely about a child’s school holidays, birthdays, and any trips that might come up.
Some co-parents don’t have a good enough relationship to make this much contact work. Others simply don’t live close enough. This many transitions can also be exhausting to maintain, and while consistency is important for a child’s healthy development, implementing this schedule shouldn’t come at the expense of your family’s needs.
“Fifty-fifty” Doesn’t Have to Mean 2-2-5-5
Luckily, the 2-2-5-5 schedule is just one of many different possession and visitation rights and options. In fact, not only are there plenty of custody schedules to choose from, there are also other ways to achieve a fifty-fifty split. For example, some of the other fifty-fifty arrangements we’ve seen include:
- 2-2-3 Schedule —two days with Parent A, two days with Parent B, then three days with Parent A.
- 3-4-4-3—three days with Parent A, four days with Parent B, followed by four days with Parent A, and three with Parent B the next week.
- Every Two Days—parents switch every two days.
- Half Weeks—parents divide the week in half, starting with the day and time they choose.
- Week On/Week Off—parents alternate time in entire week chunks rather than by days.
- Two Weeks Each—same as alternating weeks, except in two-week chunks.
These are just some of the many child custody orders available in Texas. At Warren & Migliaccio, we’re committed to helping you find the one that fits your family best. This might mean using one of the tried-and-true custody schedules. However, it could also mean starting from scratch and creating the best parenting plan that’s uniquely yours.
The Texas Family Code: Child Custody Guidelines
As a parent, you want what’s best for your child. The good news is Texas courts want that, too. In fact, your child’s best interest will actually be the driving, underlying force behind every custody decision they make.
Sometimes, this means you may not get everything you want. However, it also means that Texas family law is actually designed to find the best possible parenting time arrangement to meet your child’s long-term health and well-being. And there’s a lot of comfort in that.
To find out what that looks like for your child, your judge will examine several different child custody factors, including:
- Your children’s needs, both emotional and physical.
- Your child’s age and preferences (if they are over twelve).
- Your child’s relationship with each parent.
- The health and fitness of both parents.
- The parenting abilities of both parents.
- Any history of neglect or abuse.
The court may consider other relevant factors too, but they are not allowed to make any decisions based on gender, marital status, or the sexual orientation of either parent.
At the end of the day, no two families are the same, which means no two child custody schedules will be, either. So long as your plan meets certain state criteria, Texas courts are happy to let you, as co-parents, draft an arrangement that fits your family’s unique situation.
Talk to a Texas Family Law Attorney to See if a 2-2-5-5 Parenting Schedule is Right for You
Child custody negotiations can be a stressful and emotional process. Your child is the most important thing in the world to you, and it can be easy to get discouraged when things don’t go how you think they should. The good news is you don’t have to do it alone.
At Warren & Migliaccio, we’re passionate about helping you fight for what’s best for your child. If you have questions about a 2-2-5-5 custody schedule and whether it’s right for your family, we want to hear from you. Call our offices today at (888) 584-9614 for a free consultation, or contact us online and let one of our dedicated family law attorneys fight for your child’s best interests.
