What is a parenting plan and do I need one in Texas?

Elements of Child Custody Agreements

Child custody arrangements in Texas have two primary elements: possession and access and conservatorship. In other states, this is known as legal custody and physical custody. It divides the rights and responsibilities of the parents into two categories; the physical custody or possession of the children, and the duty to make important decisions in their lives.

Possession and Access

‘Possession and access’ refers to the physical custody of a child. This includes where the child lives, whether one parent has primary possession of the child and the visitation rights of each parent.

A visitation schedule is set up for the noncustodial parent and can vary between cases. In a standard custody agreement, the other parent has possession of the child on the first, third, and fifth weekends of the month. The court will have a final say on a custody agreement and consider the best interests of the child.

It is rare for a Texas court to deny access to one parent unless they believe this is in the best interests of the child. Some cases where visitation could be denied include domestic abuse, child abuse, or drug addiction.

Conservatorship

Conservatorship refers to the right of each parent to make important decisions about the child’s life. One or both parents can be a conservator of a child, in either a Sole Managing Conservatorship or a Joint Managing Conservatorship.

A sole conservator can make important decisions in the child’s life regarding their health, education, and well being. Possessory conservators can be involved in the decision-making process however, legally, they do not have a final say.

Most parenting plans have joint conservators, where both parents have equal rights and responsibilities for the child’s education, health, and other important decisions.

Parenting Plan Requirements Under Texas Law

When parents agree on custody issues involving their children and decide to draw up a parenting plan, they must include certain requirements, as provided under the Texas Family Code. These requirements include:

• Conservatorship, or the responsibilities and duties of each parent and the custodial conservator
• Geographical area of the child’s residence
• Access and possession, including the primary caretaker, visitation rights, and access to the children outside of visitation hours
• Decision-making process for issues in the child’s life, such as their health, education, school, and extracurricular activities
• Steps and processes to support a strong parent-child relationship

These are the basic requirements to be included in all parenting plans. However, the more information you add, the stronger the plan will be.

Our lawyers recommend that you include as much information as possible to avoid confusion, including a requirement to notify the other parent when one parent cannot care for the child, and if there is another person, such as a grandparent, that can pick up and drop off the child for visitation.

Updating a Parenting Plan

As children get older and time passes after the divorce, living situations and relationships can change. It is appropriate that many families may update or change their parenting plans after several years. The court will consider any changes to child custody agreements that are in the best interests of the child.

Some situations that a Judge may allow a change to an order, provided it considers the best needs of the child, include:

• Both parents support the change
• Primary caretaker gave up possession of the child for over 6 months
• A significant change in circumstance for the parents or the children

A child may also have their requests heard by a Judge once they turn 12. However, the Judge must only consider these requests and is not required to agree with the child. Speak with an experienced family law attorney if you need to update or change your child custody agreement.

Do I Need a Parenting Plan If I’m Not Married?

If you are not married but share a child with someone, you may need a parenting plan. If your parenting situation is complicated or you want to ensure that you have access to your children, speak with a lawyer to implement a plan.

A sound plan with the other parent can help encourage a healthy parent-child relationship and ensure that your child’s best interests are protected. The lawyers at Skillern Firm Divorce & Child Custody Lawyers can also help you implement a plan for parenting if you are not going through a divorce.

What Is a Parenting Plan and Do I Need One in TX?

If you are a parent going through a divorce, you must draw up a parenting plan outlining custody arrangements, visitation, and important matters in your children’s lives. Every family law case is unique, and each family has different needs and requirements.

It is important that you get help from an experienced family law attorney to help you draw up a fair parenting plan that supports the best interests of your child.