When going through a divorce or child custody suit in the Dallas area, one of the most emotionally charged—and legally important—issues is developing a parenting time schedule that both supports your child’s best interests and also preserves their relationship with both parents. We understand how difficult this process can be for parents.
There are legal standards to follow, personal feelings to manage, and future outcomes to consider, all of this being evaluated in the light of the child’s interests. A fair parenting schedule is not about “winning” or “losing”; it’s about building a structure that works for your child and both parents long term.
Under Texas law, parenting time is referred to as “possession and access.” The state recognizes that frequent and continuing contact with both parents is in the best interest of the child, unless there’s a specific reason to limit that contact. Most custody arrangements in Texas are governed by what’s called a Standard Possession Order (SPO), outlined in the Texas Family Code Section 153.252 and following. However, parents can negotiate a custom schedule that better fits their needs.
Understanding Parenting Time In Texas
In Texas, conservatorship and possession are the terms used instead of “custody.” Most parents are appointed joint managing conservators, meaning they share in some manner the decision-making for the child, but usually one parent will have the right to determine the child’s primary residence exclusively.
The Standard Possession Order typically provides for one parent to have the child on the first, third, and fifth weekends of the month, plus alternating holidays and extended time in the summer. While this works for many families, others find that a different schedule is better suited to their child’s school needs, parents’ work schedules, the child’s extracurricular activities, or other circumstances.
When parents agree on a schedule that works for them and their child, the court will usually approve it. However, if no agreement can be reached, the court will impose an order based on what it believes is in the child’s best interests, as required by Texas Family Code Section 153.002. Sometimes this will be the Standard Possession Order, and other times it will be something itself customized that neither parent requested.
Steps To Negotiate A Parenting Time Schedule That Works
To negotiate a fair and workable parenting schedule, we recommend that both parents start with a clear understanding of their child’s needs and daily routine. If the parents are in general agreement as to what these things are, it is usually much easier to negotiate what is best for the child. From there, consider each parent’s availability, the distance between homes, and how transitions will affect the child. When we represent clients in Dallas, we work with them to prioritize open communication, focus on the child’s well-being, and avoid making parenting time about punishment or control of either party.
We also help our clients document their proposals clearly. When schedules are specific and detailed, down to pickup and drop-off times and accounting for each hypothetical hour of the child’s day, it reduces misunderstandings and future conflict. Flexibility is helpful, but structure is essential when “the wheels fall off.”
Factors The Court Will Consider If Parents Don’t Agree
If a parenting schedule must be decided by the court, the judge will examine several factors, including:
- The child’s age and needs’
- Each parent’s availability and ability to care for the child;
- The history of involvement by each parent;
- The distance between the parents’ residences;
- Relative financial circumstances of the parties;
- Any history of family violence or abuse;
- Historical possession and access already done by agreement; and
- Much more
It’s important to be prepared and have a clear parenting plan to present in negotiations. We help our clients gather relevant records, prepare schedules, and present their position with a focus on the child’s well-being, not just on their own preferences.
Co-Parenting Frequently Asked Questions
What If My Co-Parent Refuses To Follow The Agreed Parenting Schedule?
If your co-parent does not follow the agreed-upon or court-ordered parenting time schedule, you can file a motion to enforce your schedule with the court. Texas Family Code Section 157.001 and its following sections allow the court to hold non-compliant parents accountable. We can assist you in documenting violations and taking the appropriate legal steps.
Can We Create A Parenting Schedule Different From The Standard Possession Order?
Yes. Parents are allowed to create their own customized schedule. Courts generally will approve these agreements, even where it goes not make the most sense to the Court.
Is 50/50 Possession Common In Texas?
It is becoming more common, especially when both parents live close to each other and can maintain a cooperative co-parenting relationship. However, the court will still formally review and determine whether a 50/50 schedule is in the child’s best interests before formally approving it.
Can My Child Choose Which Parent To Live With?
Under Texas Family Code Section 153.009, a child age 12 or older can express a preference to the judge, but the final decision is still based on what the Court finds to be in the child’s best interest. The child’s preference is just one factor the court must consider. A world where twelve-year-olds hold more authority than judges would be strange, indeed.
What Happens If My Work Schedule Changes After The Parenting Plan Is Finalized?
If your work schedule or life circumstances change significantly, you can request a modification of the parenting time schedule under Texas Family Code Chapter 156. We help clients file modification petitions and demonstrate why a change is necessary if the parties are unable to reach an agreement on the modifications.
How Do Holidays And Vacations Affect The Regular Schedule?
Holiday and vacation schedules typically override or supersede the regular parenting schedule. These dates are usually defined in the possession order, and often rotate between parents each year (even/odd). We help ensure holiday provisions are clearly included in the possession schedule to avoid future disputes.
Should We Put Every Detail In Writing, Even If We Get Along Now?
Yes. Even in amicable divorces or separations, it is essential to have a detailed written schedule. Circumstances and emotions can change, and having everything clearly documented protects both parents and provides consistency for the child.
Schedule A Consultation With Our Dallas Divorce Firm
At Orsinger, Nelson, Downing & Anderson, we work with our clients and their families to build clear, fair parenting time schedules that protect the parent-child relationship and stand up in court, if needed. We understand the law, and we work to protect what matters most—your child’s well-being and your rights as a parent.
Contact our Dallas divorce attorneys at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation. We represent clients across Texas from our offices in Dallas, Frisco, and San Antonio and are ready to help you move forward with clarity and confidence.