In Texas, parenting plans are not only encouraged but are usually required in cases involving child custody disputes. A parenting plan outlines how parents will schedule time with their kids, share responsibilities and (more broadly) make decisions regarding their children’s upbringing in the wake of a divorce or separation.
It can help to think of a parenting plan as a set of legally enforceable expectations that govern the relationships between those in co-parenting and parallel parenting scenarios. A parenting plan typically includes provisions for custody (known in Texas as conservatorship), parenting time (referred to as possession and access), child support and decision-making authority over the most fundamental concerns that affect childhood, including education and health care.
Crafting a parenting plan: The basics
A parenting plan can be created via mutual agreement between a child’s parents or its terms can be determined by the courts parents cannot agree about how to move forward. Under Texas law, specifically the Texas Family Code, a parenting plan is required in any lawsuit scenario affecting a parent-child relationship, which includes divorce cases where children are involved, as well as cases where unmarried parents are establishing custody and parenting time arrangements.
A parenting plan must specify whether the parents at issue will share joint conservatorship (joint custody) or if one parent will have sole conservatorship (sole custody). Joint conservatorship is usually preferred in Texas, as it allows both parents to share in decision-making responsibilities for a child. If both of a child’s parents are fit parents, custodial responsibilities are usually divided.
Legal custody is distinct from rights to any particular amount of parenting time. As such, a plan must also outline a parenting schedule that details when the child will be with each parent. The Texas Standard Possession Order provides a model schedule that many parents use, but this sample plan can be customized to fit a family’s unique needs. Parents who work together to agree upon a schedule can – basically – fashion it however they want, as long as it reflects the best interests of their child(ren).
Parenting plans are consequential documents, as they lay the foundation for a family’s parenting rights, responsibilities and expectations moving forward. Those who are faced with creating or modifying one can benefit from personalized legal guidance, given all that is at stake.
