Creating a child custody plan, known in Texas as a parenting plan, is a critical step for co-parents traversing separation or divorce. A well-crafted plan prioritizes the best interests of the child while fostering a cooperative relationship between parents.
In Texas, family law emphasizes flexibility and collaboration, but the process can feel overwhelming without clear guidance.
THE POTTER LAW GROUP (formerly The Okoh-Brown Law Group, PLLC) in Houston, Texas, can provide practical tips for co-parents in Texas to develop a comprehensive and effective parenting plan, covering legal requirements, communication strategies, and considerations for the child’s well-being.
Below, explore key aspects of creating a custody plan, tailored to Texas law and co-parenting dynamics, to help you traverse this process with confidence.
A Breakdown of Texas Child Custody Laws
In Texas, child custody is referred to as conservatorship and possession and access. These terms define the legal and physical responsibilities of parents. Conservatorship determines decision-making rights, while possession and access outline the schedule for when each parent has physical custody of the child.
Texas courts prioritize the best interests of the child, as outlined in the Texas Family Code, when approving or modifying parenting plans.
Types of Conservatorship
In Texas, conservatorship defines the legal rights and responsibilities of parents in co-parenting arrangements.
Joint managing conservatorship (JMC): This is the most common arrangement in Texas, where both parents share joint decision-making responsibilities, such as decisions about education, healthcare, and religious upbringing. JMC doesn’t necessarily mean equal parenting time.
Sole managing conservatorship (SMC): One parent has primary decision-making authority, often due to issues like domestic violence, substance abuse, or significant parental conflict. The other parent may still have visitation rights.
Possessory conservatorship: A parent has limited rights, typically visitation, but no decision-making authority. This is rare and usually applies in extreme circumstances.
Texas offers flexible conservatorship options for child custody to accommodate diverse family dynamics while prioritizing the child’s well-being and parental involvement.
Possession and Access
Texas provides a Standard Possession Order (SPO), a default schedule for parents living within 100 miles of each other. The SPO typically includes:
Alternating weekends (first, third, and fifth weekends of the month).
Thursday evenings during the school year.
Extended summer possession (up to 30 days).
Alternating holidays (e.g., Thanksgiving in even years, Christmas in odd years).
Parents can deviate from the SPO if both agree or if it’s in the child’s best interest, but any custom child custody plan must be court-approved. For parents living more than 100 miles apart, Texas offers a modified SPO with adjustments for travel.
The Parenting Plan
Texas law encourages parents to submit a parenting plan, a detailed document outlining conservatorship, possession, and other co-parenting arrangements. While not mandatory, a parenting plan demonstrates cooperation and can be court-ordered if parents can’t agree. The plan must address:
Decision-making responsibilities
Parenting time schedule
Communication protocols
Dispute resolution methods
Child support obligations
A comprehensive Texas parenting plan fosters cooperative co-parenting and confirms clarity for the child’s well-being.
Tip 1: Focus on the Child’s Best Interests
The cornerstone of any child custody plan is the child’s well-being. Texas courts evaluate factors like the child’s age, emotional needs, and relationship with each parent when approving plans. Co-parents should design a plan that supports the child’s stability and growth.
Consider age and developmental needs: Infants and toddlers benefit from frequent, shorter visits to bond with both parents, while older children may need longer blocks of time to maintain meaningful relationships. For example, a plan for a toddler might include short midweek stays with each parent, while a teenager’s plan could involve alternating weeks.
Maintain stability: Make sure the plan minimizes disruptions to the child’s routine, including school, friendships, and extracurricular activities. For instance, avoid frequent transitions during exam periods for school-aged children.
Encourage both relationships: Even if one parent has primary custody, the plan should facilitate regular contact with the other parent, such as through video calls or weekend visits, to promote healthy attachments.
Account for special needs: If a child has medical or educational needs, include provisions for therapy appointments, Individualized Education Plans (IEPs) meetings, or medication schedules.
Prioritizing the child’s best interests by tailoring the parenting plan to their age, stability, relationships, and special needs verifies a supportive and nurturing co-parenting environment.
Practical Example
For a 10-year-old, a plan might include:
School year: Alternating weekends with the non-primary parent, Thursday evenings, and weekly video calls.
Holidays: Splitting major holidays like Christmas (one parent gets Christmas Eve, the other Christmas Day).
Extracurriculars: Both parents agree to share transportation for soccer practice and attend games together when possible.
A tailored co-parenting plan for a 10-year-old should promote stability and parental involvement while accommodating the child’s needs.
Tip 2: Communicate Effectively with Your Co-Parent
Effective communication is essential for successful co-parenting. High-conflict situations can harm children, so establishing clear, respectful communication protocols is critical.
Strategies for Communication
Effective communication is the cornerstone of successful co-parenting in Texas, requiring structured, child-focused strategies to foster cooperation and minimize misunderstandings between parents.
Use neutral platforms: Tools like OurFamilyWizard or TalkingParents provide secure, court-monitored communication and shared calendars. These platforms reduce misunderstandings and document interactions, which can be useful in court if disputes arise.
Keep it child-focused: Discuss only matters related to the child, such as schedules, school updates, or health concerns. Avoid personal grievances or revisiting past conflicts.
Set boundaries: Agree on preferred communication methods (e.g., email for non-urgent matters, phone calls for emergencies) and response times (e.g., within 24 hours).
Document agreements: Put major decisions, like changes to the schedule, in writing to avoid confusion.
Employing neutral platforms, maintaining child-focused discussions, setting clear boundaries, and documenting agreements create a robust structure for effective co-parenting.
Handling Conflict
Managing conflicts in co-parenting requires proactive approaches like mediation, education, and therapy to resolve disputes constructively and maintain a positive environment for the child.
Mediation: Texas courts often require mediation before litigation. A neutral mediator helps parents negotiate terms, reducing costs and stress. Include a mediation clause in your plan for future disputes.
Co-Parenting classes: Texas offers court-approved co-parenting classes, like “Helping Children Cope with Divorce,” to improve communication skills. Consider attending even if not mandated.
Therapy or counseling: If communication breaks down, a family therapist can help rebuild trust and cooperation.
Leveraging mediation, co-parenting classes, and therapy equips parents with the tools to handle conflicts effectively.
Practical Example
A communication clause might state, “Parents will use OurFamilyWizard for all non-emergency communication, responding within 24 hours. Emergency calls are permitted for urgent child-related matters. Parents will attend mediation for unresolved disputes before seeking court intervention.”
Tip 3: Create a Flexible and Detailed Schedule
A clear, detailed possession schedule reduces ambiguity and conflict. Texas law allows flexibility, so work with an experienced family law attorney to tailor the plan to your family’s needs while confirming predictability for the child.
Key Components of a Schedule
Establishing a comprehensive co-parenting schedule in Texas is vital for promoting stability and cooperation.
Regular schedule: Outline weekdays, weekends, and midweek visits. For example, a 2-2-3 schedule (two days with Parent A, two days with Parent B, and three days with Parent A) works well for young children.
Holiday schedule: Specify major holidays (e.g., Thanksgiving, Christmas, spring break), school breaks, and special occasions (e.g., birthdays, Mother’s/Father’s Day). Alternate or split holidays to confirm fairness.
Summer schedule: Texas allows extended summer possession. Agree on dates early and include provisions for camps or vacations.
Travel and transportation: Detail pick-up/drop-off locations, times, and responsibilities. For long-distance co-parenting, include travel cost-sharing and communication during visits.
Right of first refusal: Consider including a clause where a parent must offer the other parent the chance to care for the child before using a third-party caregiver (e.g., babysitter) for extended periods.
A well-crafted Texas co-parenting schedule, encompassing regular, holiday, and summer arrangements, along with clear travel and right of first refusal clauses, makes sure of equitable parenting time and fosters a stable, nurturing environment for the child.
Adapting for Distance
For parents living far apart:
Use virtual visitation (e.g., Zoom calls) to maintain contact.
Schedule longer visits during school breaks to reduce travel frequency.
Agree on cost-sharing for flights or gas, such as splitting expenses 50/50.
For parents living far apart, utilizing virtual visitation, scheduling extended visits during school breaks, and equitably sharing travel costs maintain strong parent-child connections despite the distance.
Practical Example
A holiday schedule might include:
Thanksgiving: Parent A in even years, Parent B in odd years, from Wednesday to Sunday.
Christmas: Split into two periods (Dec. 20–26 with Parent A, Dec. 26–Jan. 2 with Parent B in even years; reverse in odd years).
Child’s birthday: Both parents attend the celebration, or the child spends the day with the parent whose possession day it falls on.
A practical holiday schedule makes sure that both parents share meaningful time with their child while maintaining fairness and clarity in co-parenting arrangements.
Tip 4: Address Financial Responsibilities
Child support and shared expenses are integral to a parenting plan. Texas uses a guideline-based child support system, but parents can agree on additional financial terms.
Child Support Basics
Understanding the fundamentals of child support in Texas is crucial for confirming the financial well-being of children post-separation, with clear guidelines governing calculations, payments, and potential modifications to meet evolving needs.
Calculation: Texas calculates child support based on the non-custodial parent’s income, typically 20% for one child, 25% for two, etc., with adjustments for health insurance or special needs.
Payment Method: Payments are usually processed through the Texas Attorney General’s Office via wage garnishment or direct deposit.
Modifications: Include a clause allowing review of child support if circumstances change (e.g., job loss, increased medical costs).
Texas child support basics allow parents to adapt to changing circumstances, confirming consistent support for the child’s needs.
Shared Expenses
Effectively managing shared expenses in co-parenting arrangements requires clear agreements on medical, extracurricular, and educational costs, tailored to each parent’s financial capacity and the child’s best interests.
Medical costs: Agree on splitting uncovered medical expenses (e.g., co-pays, braces). A common split is 50/50, but adjust based on income disparity.
Extracurriculars: Decide who pays for activities like sports or music lessons. For example, each parent might cover costs during their possession time.
Education: Address private school tuition, tutoring, or college savings plans if applicable.
Establishing equitable arrangements for shared expenses fosters financial clarity and supports the child’s holistic development in a co-parenting dynamic.
Practical Example
A financial clause might state, “Parents will split uncovered medical expenses 50/50, payable within 30 days of receipt. Extracurricular costs under $200 per activity are covered by the enrolling parent; costs over $200 require mutual agreement.”
Tip 5: Plan for Future Changes
Children’s needs evolve, and a child custody plan should be adaptable. Texas allows modifications if there’s a material and substantial change in circumstances or if the child is over 12 and expresses a preference to the court.
Building Flexibility
Parenting plans shouldn’t be static—life circumstances shift, and your agreement should be built to accommodate those changes with clarity and cooperation.
Review periods: Schedule periodic reviews (e.g., every two years) to adjust the plan as the child grows.
Temporary changes: Include a process for temporary schedule changes (e.g., due to work travel) with mutual consent.
Relocation: Address potential moves, as Texas requires court approval or agreement for relocating with the child. Specify notice periods (e.g., 60 days) and cost-sharing for increased travel.
By planning for life's inevitable changes, you create a parenting plan that adapts over time—supporting stability for the child and reducing future conflict.
Involving the Child
Children are deeply affected by custody arrangements, so involving them in thoughtful, age-appropriate ways can help them feel heard and supported.
For older children, consider their input on schedules or activities, but avoid pressuring them to choose between parents.
Use age-appropriate language to explain the plan to the child, emphasizing both parents’ love and involvement.
Prioritizing the child’s voice—without placing them in the middle—fosters a sense of security, respect, and emotional well-being throughout the process.
Practical Example
A modification clause might state, “Parents will review the plan every two years or upon significant changes (e.g., relocation, remarriage). Modifications require mediation before court filing. The child’s preferences, if over 12, will be considered.”
Contact a Child Custody Attorney
Creating a child custody plan in Texas requires careful planning, open communication, and a commitment to the child’s best interests. THE POTTER LAW GROUP (formerly The Okoh-Brown Law Group, PLLC) in Houston, Texas, can help. They serve clients throughout Texas, including Houston, Dallas, Fort Worth, San Antonio, El Paso, and beyond. Contact them today to create a co-parenting plan that works for your family.
