How Much Can You Customize a Parenting Plan in Texas?

Are you a parent who is going through a divorce or separation in Texas? If so, it is crucial that you are prepared to work towards a parenting plan. Parents have considerable discretion to customize their parenting plan in Texas. Here, our Houston parenting plan lawyer explains how much you can customize a parenting plan in Texas.

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