Parents Should Know What Parenting Plans are and How They Work

The Office of the Attorney General of Texas explains that parenting plans are designed to serve the best interests of the child. A parenting plan comes as part of an agreement (or court order) that clarifies the rights and responsibilities of the parties in regards to custody and visitation.  While the courts have standard guidelines, such as the Standard Possession Order (SPO), parents are absolutely not locked into a one-size-fits-all arrangement. Instead, Texas law allows a significant degree of flexibility. You can customize a parenting plan in Texas.

An Overview of the Areas Where Parents Have Flexibility

In Texas, parents have wide latitude to customize many aspects of their parenting plan. Among other things, this includes determining weekday and weekend visitation schedules, dividing holidays and vacation periods, and setting rules for communication when the child is not physically present with one parent. Beyond that, parenting decision-making authority can also be tailored to meet the needs of the parties. Some parents choose joint decision-making on all major issues, while others divide responsibility by category. Finally, even logistical matters, such as pick-up and drop-off locations, can be customized to reduce conflict and promote stability.

Note: When both parents agree, the court in a Texas custody/visitation case will usually approve a customized parenting plan. Though, it still must serve the best interests of the child.

Are There Limits On Your Ability to Customize a Parenting Plan in Texas?

Yes. While Texas law permits significant flexibility to allow parents to reach their own preferred outcome, there are some limits. Most notably, parents in Texas cannot create terms that violate state law. Further, they cannot impose any terms that undermine a child’s health or safety, or unreasonably restrict a parent’s access to the child.

For example, a court is unlikely to approve a plan that deprives one parent of meaningful visitation without a compelling reason, such as evidence of abuse, neglect, or substance abuse issues. Along the same lines, while parents may agree to highly creative or unusual schedules, a Texas court can reject any arrangement that appears impractical or contrary to the child’s emotional or developmental needs.

The Bottom Line: The customization of a parenting plan is highly encouraged in Texas. However, a court could block certain provisions if they are not in the best interest of the child(ren).

Call Our Houston Parenting Plan Attorney Today

At Lindamood & Robinson, P.C., our Houston parenting plan lawyer is committed to solving problems. If you have any questions or concerns about your ability to customize a parenting plan, please do not hesitate to contact us today for a confidential consultation. From our Houston office, we provide family law services throughout the region in Southeast Texas.

Source:

texasattorneygeneral.gov/sites/default/files/files/child-support/Parenting%20Together/coparenting.pdf

Clarity on Decision-Making Authority and the Decision-Making Process 

Decision-making authority matters. A well-constructed parenting plan in Texas should clearly outline which parent has the right to make key decisions about the child’s health, education, religion, and other major issues. Texas allows for joint or sole managing conservatorship. The decision-making authority can be shared or it can be assigned to one parent. Parents should specify how decisions will be made and what process that will be used for doing so. Clarifying these issues ahead of time can help to reduce the risk of a serious conflict in the future.

 A Detailed Schedule for Child Time-Sharing

As explained by the Attorney General of Texas, the key feature of all parenting plans is a parenting time-schedule. Every parenting plan should include a detailed time-sharing schedule that outlines when the child will be with each parent. In Texas, this includes specifying weekday, weekend, holiday, school break, and summer visitation. As a best practice the plan should be as specific as possible. You may want to include things like pick-up/drop-off times, pick-up/drop-off locations, and the responsibility for providing transportation.

A Plan for Parental Communication 

How can divorced or separated parents co-parent effectively? Communication is key. Parents who can still communicate well regarding their children can co-parent well, even if they do not personally get along any longer. A parenting plan can help to facilitate communication that works. It should generally clarify how, when, and about what the parents will communicate. Whether through text, email, or a co-parenting app, it is important to establish a respectful, consistent channel for sharing information about the child’s well-being, school activities, and medical needs.

 Provisions for Dispute Resolution 

One of the central goals of a parenting plan is to reduce conflict. With that being said, there are also going to be unexpected issues that arise. Some degree of conflict between co-parents is almost inevitable. It is a good idea to include dispute resolution provisions within your parenting plan. The section of the document may outline the specific steps parents must take before resorting to litigation, encouraging peaceful problem-solving. Clear dispute resolution provisions save time, save money, reduce stress, and help to promote cooperation.

 Call Our Houston, TX Parenting Plan Attorney Today

At Lindamood & Robinson, P.C., our Houston child custody and visitation lawyers have extensive experience with parenting plans. If you have any questions or concerns about parenting plans, please do not hesitate to contact us today for a fully confidential consultation. With an office in Houston, we provide family law representation throughout the region in Southeast Texas.

Source:

texasattorneygeneral.gov/child-support/families-and-parenting/parenting-time-overview/parenting-time-schedule

Background: What is a Parenting Plan? 

A parenting plan is a detailed agreement created during a divorce or custody case that outlines how parents will share responsibilities and time with their children. Along with other things, it includes provisions for custody, visitation schedules, decision-making rights, and other aspects of a child’s upbringing to ensure both parents remain actively involved. The plan is legally binding and it helps to prioritize the child’s best interests while providing a clear framework for co-parenting.

Tip #1: Develop a Detailed Time-Sharing Schedule (Try to Limit Transitions)

 If you have a child with special needs, it is a best practice to create a comprehensive time-sharing schedule that minimizes transitions between homes. Doing so helps to provide stability for your vulnerable child. Along with other things, you should detail exact pickup and drop-off times and locations. Limiting transitions can reduce stress.

 Tip #2: Consider Unique Health, Educational, and Day-to-Day Needs 

A child with special needs requires specialized consideration. Parents should tailor the parenting plan to address the specific health, educational, and daily living needs of your child. Along with other things, parents in Texas should include provisions for:

• Medical appointments;
• Therapy sessions; and
• Special education services.

 Tip #3: Be More Conservative With Adjustments to a Child’s Routine 

When it comes to adjusting the parenting plan, opt for a conservative approach. Frequent changes can be disruptive and confusing for a child with special needs. Establish a protocol for making necessary modifications—such as a requirement for mutual agreement.

Tip #4: Emphasize Communication and Dispute Resolution

 Communication is key for parents who are divorced or separated. It is especially important for parents who share a young kid or a teenager with special needs. Parents in Texas should incorporate strategies for ongoing (proactive) communication and effective dispute resolution. You should develop a plan for providing regular updates regarding the child’s progress and needs. Further, parents should develop a plan for resolving disagreements—such as mediation or joint counseling.

Contact Our Houston Parenting Plan Lawyer for a Confidential Consultation

At Lindamood & Robinson, P.C., our Houston family attorney has the skills and experience to help parents negotiate effective shared parenting plans. Call us now or contact us online to arrange your completely private, no obligation initial consultation. From our Houston office, we help clients negotiate parenting plans throughout Southeast Texas.

Source:

pewresearch.org/short-reads/2023/07/24/what-federal-education-data-shows-about-students-with-disabilities-in-the-us/

Tip #1: Build the Basic Structure First (Weekdays, Weekends) 

A proper child time-sharing schedule needs a sturdy foundation. Creating a time-sharing schedule in a parenting plan begins with establishing a basic structure that addresses weekdays and weekends. The framework should consider both parents’ work schedules, the child’s school or daycare commitments, and any extracurricular activities. The two most common approaches:

1. Designate weekdays for one parent and weekends for the other; or
2. Allow the parents to alternate weeks.

To be clear, parents have a wide range of possibilities available. You and your co-parent can work out any type of schedule that works best for your specific situation.

 Tip #2: Do Not Forget About Holidays and Vacations 

Holidays and vacations are special times that require careful consideration in your parenting plan. Texas parents often rotate holidays annually to ensure both parents have the opportunity to create lasting memories with their child. Beyond that, vacations require advanced planning, with both parents communicating their plans as early as possible to limit the risk of conflicts.

 Tip #3: Put an Emphasis on the Details

 The small details matter. It is crucial to an effective parenting plan schedule, including not just where the child will be on specific days, but also pickup and drop-off times, locations, and who is responsible for transportation. Clarity is the small details can make a big difference.

Tip #4: Create a Process for Dealing With Unexpected Issues 

Life is unpredictable. Illness, work emergencies, or other unexpected issues can disrupt even the most well-planned schedules. Your parenting plan should include a process for communicating these changes, along with a method for making temporary adjustments.

 Tip #5: Remember that the Best Interests of Child Always Take the Priority in Texas

 In Texas, as in all states, the child’s best interests are the paramount consideration in any parenting plan (Texas Family Code § 153.002). With this in mind, divorced or separated parents in Houston should be aware that decisions around time-sharing schedules should be made with the child’s physical, emotional, and educational needs at the forefront.

 Set Up Your Confidential Case Review With Our Houston Family Lawyer Today

At Lindamood & Robinson, P.C., our Houston family lawyer has extensive experience protecting the rights and interests of parents. Have questions about parenting plans? We can help. Contact us now to set up your completely private initial appointment. From our Houston family law office, we help clients with parenting plans throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

1. Custody/Visitation Structure: Managing Conservator and Possessory Conservator 

As a starting point, a parenting plan should provide an overview of the structure of the custody and visitation arrangement. In Texas, a parent with legal custody is called a managing conservator. A parent with primary physical custody is referred to as a possessory conservator. Your Galveston County parenting plan should clarify the basic structure of your parental relationship. 

2. Division of Parental Rights and Parental Responsibilities (Decision-Making) 

A parenting plan in Texas should also clearly state each parent’s rights and responsibilities regarding decision-making authority. Do both parents have equal rights to make decisions regarding the child’s health, education, and welfare? Does one parent have the primary decision-making authority? A parenting plan should clarify. 

3. Division of Parenting Time (Parenting Schedule) 

Next, a parenting plan should include a comprehensive time-sharing schedule. This is one of the most important elements of a parenting plan. You and your co-parent can benefit from creating a comprehensive and detailed schedule. 

4. Child Support (If Applicable) 

Parenting plans should also specify child support, if applicable. Assuming that one parent is paying child support the parenting plan should specify how much and when payments are to be made. You may want to include additional provisions for add-on expenses, such as unexpected medical costs. 

5. Provisions Regarding Communication 

Communication is an important part of effective co-parenting. Even if divorced/separated parents are not on the best of terms, they should still have a process in place for sharing information regarding their children. It is best to get a structure for communication set up as part of your parenting plan. 

6. Any Unique Factor that is Relevant to Your Family or Your Child 

Finally, a parenting plan should also address any unique factors that are relevant to you, your family, and your child. Ultimately, parenting plans are not formulaic legal documents. They can and should be customized to meet the needs of each individual family. Make sure that things that matter to you are included as part of your parenting plan.

Get Help From a Family Lawyer in Galveston County, Texas

At Lindamood & Robinson, P.C., our Galveston family lawyers have the skills and experience to help clients come to a parenting plan that works. If you have any questions about the contents of a parenting plan, we can help. Give us a call now or contact us online for a fully confidential case review. Our family law firm represents parents throughout Galveston County, including in Galveston, Baytown, Friendswood, Dickinson, Texas City, and Santa Fe.

Resource:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#:~:text=1%2C%201999.-,Sec.,and%20access%20to%20the%20child