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Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

How Often are Children Split up in Child Custody Cases?

You may have heard about sole custody, shared custody, legal custody, and physical custody, but do you know about split custody? Most likely, no, since it is not a common child support situation. Split custody refers to splitting up siblings so that each parent has custody of one, two, or more children. There needs to be more than one child involved. So, if there are two children involved, the mother may have custody of one child, while the father gets the other.

There are no statistics on how often split custody occurs, likely because it is very rare and inadvisable. Courts try to avoid doing it because it is unconventional. It separates the children from their siblings and focuses on sole custody, which means children are separated from not only one parent, but also their brothers and sisters. This can make it harder for a child to get over a divorce. They may suffer from anxiety and abandonment issues due to the way their family is split up.

Why is Split Custody Done?

Why would parents decide to split up the siblings? There are several main reasons:

  • Special needs. If one child has special needs and the other does not, the child with special needs may stay with the parent who can best support this situation. The other child can stay with the other parent to ensure they get the attention they need.
  • Sibling rivalry. Sometimes sibling rivalry is so bad that it is in the children’s best interests to be separated. If there is immense aggression involved, it may be best to split up the children.
  • Child’s preference. If the child is old enough (a teenager, for example), they may decide to live with one parent. Then the other parent may get custody of the other children.

What to Consider

Children often have temporary issues during and after a divorce. They tend to have a lot of frustration and anger as they watch their family being split up. Sometimes siblings rely on each other for emotional support, so it is not usually a good idea to split them up, especially if they are typically very close. Consider the relationship your children have with each other before opting for split custody.

Also, in a divorce, there are often situations of “good parent, bad parent,” in which one parent is stricter than the other parent. A teenager child might want to live with the less strict parent, but split custody does not help situations like this. In fact, it can actually lead to more problems.

Contact Our Pearland TX Child Custody Lawyers Today

Split custody is typically not done in Texas and other states. Judges typically will not order it, although the parents may prefer it in some cases.

Split custody can bring about communication issues among parents and emotional problems in children. Make sure you fully understand the downsides of this type of arrangement. Get legal help from Texas child custody attorneys at The Powell Law Firm. Schedule a consultation by calling 832-850-6095 or filling out the online form.

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  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

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    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

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