A parenting plan is a legal document that outlines how you and the other parent will share time with your children and make important decisions about their upbringing. In Texas, a parenting plan becomes enforceable when a court includes it in a custody (conservatorship) order under the Texas Family Code. Whether you’re going through a divorce, establishing conservatorship for the first time, or modifying an existing arrangement, understanding what goes into a parenting plan helps you make informed decisions that relate to your parental rights and your children’s best interests.
Understanding Parenting Plans in Texas
A parenting plan can be a formal legal document filed with the court or an informal agreement between parents that may later be incorporated into a court order. What matters most is that it clearly outlines how you will handle parenting responsibilities and time with your children. Texas family law uses the term “conservatorship” rather than “custody,” which can be confusing if you’re familiar with other states’ terminology.
In Texas, there are two main types of conservators. A managing conservator has the right to make major decisions about the child’s education, medical care, and general upbringing. A possessory conservator typically has defined periods of possession and access but more limited decision-making authority. Many parenting plans establish one parent as the managing conservator while the other parent is a possessory conservator with scheduled possession time.
Your parenting plan addresses more than just a possession schedule. It can cover decision-making authority, financial responsibilities, communication between parents, and how disputes will be handled. A clear parenting plan can reduce conflict and provide structure for both parents regarding their rights and responsibilities.
Key Components of a Texas Parenting Plan
An effective parenting plan often includes several important elements:
- Managing Conservatorship: Specifies which parent (or whether both parents) makes decisions about education, medical care, dental care, and other major life choices.
- Possession Schedule: Details when each parent has time with the child, including weekdays, weekends, holidays, and school breaks, often using or modifying the Standard Possession Order provided in the Texas Family Code.
- Child Support: Addresses financial support consistent with Texas child support guidelines, including base support and how additional expenses may be shared.
- Medical and Dental Care: Clarifies who provides health insurance, how uninsured expenses are divided, and how parents will share information about the child’s health.
- Education Decisions: Addresses school selection, educational support, and expectations for each parent’s involvement in school activities.
- Holiday and Vacation Schedules: Specifies which parent has the child during holidays, spring break, and summer vacation, either following or modifying the standard holiday provisions.
- Communication Methods: Establishes how parents will communicate about the child’s needs and activities, such as by email, co-parenting apps, or other agreed-upon methods.
- Dispute Resolution: Describes how parents will attempt to resolve disagreements, which may include mediation before returning to court.
Each component works together to create a plan that reflects your family’s needs and the child’s best interests.
Standard Possession Order vs. Custom Parenting Plans
Texas courts often use a Standard Possession Order (SPO) or Expanded Standard Possession Order as a default framework for possession and access when parents cannot agree on a schedule. The SPO generally provides that one parent has the right to designate the child’s primary residence, while the other parent has possession on specific weekends, weeknights, and alternating holidays.
However, the SPO is not the only option. If you and the other parent can reach an agreement, you can propose a custom parenting plan that differs from the standard schedule, as long as it serves the child’s best interests and complies with Texas law. Some families prefer a more equal division of time; others structure schedules around work commitments, school, or the child’s activities. Courts may approve parenting plans that significantly differ from the standard order if the judge finds that the arrangement is in the child’s best interest.
Why Choose Smith & Bledsoe Family Law for Your Parenting Plan
Smith & Bledsoe Family Law reports more than 25 years of combined legal experience representing Texas clients in family law matters, including child custody (conservatorship) and visitation. The firm’s team includes multiple attorneys, with Managing Partner Christian Smith listed on the firm’s site and recognized in third-party directories such as Super Lawyers. The attorneys handle parenting plan issues as part of their child custody and modification cases and work with clients throughout Central Texas.
The firm notes that it can assist with negotiating parenting arrangements, addressing modifications, and presenting conservatorship issues to the court when needed. Smith & Bledsoe Family Law is based in the Austin area and represents families in surrounding communities.
Creating and Modifying Your Parenting Plan
Creating a parenting plan typically follows one of three paths: you and the other parent may reach an agreement on your own, work with a mediator to help resolve disputes, or ask a judge to decide if you cannot agree. In many cases, when parents agree on a parenting plan that appears to be in the child’s best interests, courts are inclined to approve it and incorporate it into a final order.
When parents agree, the process is often more efficient and less expensive than full litigation. Once you reach an agreement, an attorney can help draft the terms in a way that complies with Texas law and submit the agreed order to the court for approval. Parenting plans can be modified if there has been a material and substantial change in circumstances and the requested change is in the child’s best interests, consistent with Texas Family Code standards for modification. If both parents agree on a modification, the process is usually more straightforward; if not, the requesting parent must present evidence to the court supporting the change.
Frequently Asked Questions About Parenting Plans in Texas
What happens if one parent doesn’t follow the parenting plan?
If a parent violates a court-ordered parenting plan, the other parent may file a motion for enforcement. Texas courts can enforce orders regarding possession and access, which may include remedies such as make-up time, fines, or, in some cases, contempt proceedings. Repeated or serious violations can also be a factor the court considers in a future modification request.
Can a parenting plan be changed after it’s approved by the court?
Yes. Parenting plans incorporated into court orders can be modified if there has been a material and substantial change in circumstances and the modification would be in the child’s best interest, as outlined in the Texas Family Code. If both parents agree, they can submit an agreed modification order; if only one parent seeks the change, the court will decide after a hearing on the evidence.
Do I need a lawyer to create a parenting plan?
Parents can reach informal parenting agreements without a lawyer, but having an attorney draft or review the plan can help ensure it complies with Texas law and clearly states each parent’s rights and duties. If the plan is to be part of a court order, legal review helps reduce the risk of gaps or ambiguities that could lead to disputes later.
Take the Next Step
Understanding your parenting plan options is an important step in addressing conservatorship, possession, and access in Texas. Smith & Bledsoe Family Law helps clients with parenting plans as part of their child custody and modification cases and invites potential clients to request a free case evaluation. Contact Smith & Bledsoe Family Law to schedule a consultation and discuss your situation. Call (512) 277-3166 to speak with a family law attorney about your options.