What is a parenting plan in Texas?

In Texas a parenting plan is a written plan that sets out conservatorship, possession of and access to the child, and how the parents will make decisions. It can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing order. Texas lets the parties enter a written agreed parenting plan, and the court renders an order in accordance with it if the plan is in the child's best interest (Texas Family Code Section 153.007).

What is the difference between a parenting plan and a custody order in Texas?

Texas does not call its orders custody orders; it decides conservatorship and possession. A Texas parenting plan is the written arrangement the parents propose, while the court's order appoints managing and possessory conservators and sets possession and access. When the parents agree, they submit a written agreed parenting plan and, if the court finds it is in the child's best interest, it renders an order in accordance with the plan (Texas Family Code Section 153.007).

What standard do Texas courts use to decide conservatorship?

In Texas the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child (Texas Family Code Section 153.002). Texas courts weigh the child's best interest when they decide whether to appoint the parents joint managing conservators, who is the primary conservator, and what the possession schedule looks like.

Does Texas presume joint managing conservatorship?

Yes, with an exception. In Texas it is a rebuttable presumption that the appointment of the parents as joint managing conservators is in the best interest of the child (Texas Family Code Section 153.131). A finding of a history of family violence involving the parents removes that presumption. Joint managing conservatorship in Texas does not necessarily mean equal time; it describes how rights and duties are shared.

Is a written parenting plan required in Texas?

No. Texas allows, but does not require, a written agreed parenting plan. The parties may enter a written agreed parenting plan with provisions for conservatorship, possession, and modification, and if the court finds the plan is in the child's best interest it renders an order in accordance with the plan (Texas Family Code Section 153.007). Where the parents do not agree, possession and access follow the Standard Possession Order (Texas Family Code Section 153.252).

What is a Standard Possession Order in Texas?

The Standard Possession Order is the Texas schedule for possession of and access to a child that applies when the parents do not agree on their own schedule (Texas Family Code Section 153.252). It lets the parents have possession at times they mutually agree in advance and, absent agreement, sets out specified terms for weekends, holidays, and summer. A Texas parenting plan can adopt the Standard Possession Order or set out a schedule the parents prefer.

Do I have to attend a parenting class in Texas?

In many Texas counties, parents in a suit involving children must complete a parent-education or co-parenting course, but the requirement is usually set by a local district court standing order in the county where the suit is filed rather than by a single statewide statute. Check the standing orders of the Texas county where your case is filed to confirm whether a class applies and how to complete it.

Texas Parenting Plan

Q: What is conservatorship in Texas?

Conservatorship is the Texas term for a parent's legal rights and responsibilities toward a child. A Texas court appoints a parent as sole managing conservator or both parents as joint managing conservators, and a parent who is not a managing conservator is usually a possessory conservator (Texas Family Code Section 153.131). Managing conservatorship covers rights such as decision-making, while a possessory conservator has rights of possession and access on a set schedule.

A Texas parenting plan sets out conservatorship, possession and access, and the schedule two parents ask the court to approve under the best interest of the child standard. Attorney review available.

Find out where you stand in Texas

What is your situation with the parenting plan?

DocDraft provides document preparation, not legal advice.

Introduction

A parenting plan is a written agreement that sets out how two parents will share time with and responsibility for their children, and it is used by parents who are divorcing, by parents who were never married, and by parents who need to modify an existing order. Texas is different from most states in the words it uses. Texas does not use the term custody. Instead, Texas law speaks of conservatorship: a parent may be appointed sole managing conservator or both parents may be appointed joint managing conservators, and a parent who is not a managing conservator is usually a possessory conservator (Texas Family Code Section 153.131). In Texas it is a rebuttable presumption that appointing both parents as joint managing conservators is in the best interest of the child, and a finding of a history of family violence involving the parents removes that presumption (Texas Family Code Section 153.131). The best interest of the child is always the court's primary consideration in deciding conservatorship and possession of and access to the child (Texas Family Code Section 153.002). Texas allows, but does not require, a written agreed parenting plan; if the court finds the agreed plan is in the child's best interest, it renders an order in accordance with the plan (Texas Family Code Section 153.007). Where the parents do not agree, possession and access follow the Standard Possession Order (Texas Family Code Section 153.252). DocDraft builds your Texas parenting plan from your family's schedule, with attorney review available before you file it with the court.

Key Things to Know

1
A parenting plan is a written document in which two parents set out conservatorship and a possession schedule for their children, whether the parents are divorcing, were never married, or are changing an existing order.
2
Texas does not use the word custody; it uses conservatorship, with a sole managing conservator or joint managing conservators and, usually, a possessory conservator (Texas Family Code Section 153.131).
3
In Texas it is a rebuttable presumption that appointing both parents as joint managing conservators is in the best interest of the child; a finding of a history of family violence removes that presumption (Section 153.131).
4
The best interest of the child is always the court's primary consideration in deciding conservatorship and possession of and access to the child in Texas (Texas Family Code Section 153.002).
5
Texas allows, but does not require, a written agreed parenting plan; if the court finds the agreed plan is in the child's best interest, it renders an order in accordance with the plan (Texas Family Code Section 153.007).
6
Where the parents do not agree, possession and access in Texas follow the Standard Possession Order (Texas Family Code Section 153.252).
7
Conservatorship and possession are decided in a Suit Affecting the Parent-Child Relationship, and any parent-education requirement in Texas is usually set by a local district court standing order.

Key decisions before you file

Before you file a Parenting Plan in Texas, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

Customize your Parenting Plan Template with DocDraft

TEXAS PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. Texas decides conservatorship and possession rather than custody, so this document sets out conservatorship, possession and access, and decision-making the parents ask a Texas court to approve. Texas lets the parties enter a written agreed parenting plan, which the court renders as an order if it is in the child's best interest (Texas Family Code Section 153.007).

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Conservatorship. The parents will be [joint managing conservators / PARENT as sole managing conservator and PARENT as possessory conservator]. Texas applies a rebuttable presumption that appointing both parents joint managing conservators is in the child's best interest (Texas Family Code Section 153.131). The rights and duties, including who decides the children's primary residence, education, and health care, will be allocated as follows: [describe].
Possession and access schedule. The parents [will follow the Standard Possession Order / will use the following agreed schedule]. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer possession will be [describe, for example a 30-day extended period for the possessory conservator or an agreed block], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation and residence. The parent with the right to determine the children's primary residence [may / may not] do so within [GEOGRAPHIC AREA]. A parent who intends to move outside that area will give the other parent written notice before the planned move so the parents can agree or ask the court to review the order.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to court approval, and the best interest of the child is always the court's primary consideration in deciding conservatorship and possession of and access to the child (Texas Family Code Sections 153.002 and 153.007). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Texas Requirements for Parenting Plan

Conservatorship, Not Custody
Texas does not use the word custody. A Texas court appoints a parent as sole managing conservator or both parents as joint managing conservators, and a parent who is not a managing conservator is usually a possessory conservator (Texas Family Code Section 153.131). Your parenting plan should use these conservatorship terms.
Joint Managing Conservator Presumption
In Texas it is a rebuttable presumption that appointing both parents as joint managing conservators is in the best interest of the child, and a finding of a history of family violence involving the parents removes that presumption (Texas Family Code Section 153.131). Joint managing conservatorship describes how rights and duties are shared, not necessarily equal time.
Best Interest Is Primary
The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child in Texas (Texas Family Code Section 153.002). The court weighs the child's best interest at every step of a Texas conservatorship case.
Agreed Parenting Plan Is Permissive
Texas allows, but does not require, a written agreed parenting plan. The parties may enter a written agreed parenting plan with provisions for conservatorship, possession, and modification, and if the court finds the plan is in the child's best interest it renders an order in accordance with the plan (Texas Family Code Section 153.007).
Standard Possession Order
Where the parents do not agree on their own schedule, possession and access in Texas follow the Standard Possession Order (Texas Family Code Section 153.252). It lets the parents have possession at mutually agreed times and, absent agreement, applies specified terms. Your plan can adopt the Standard Possession Order or set out a schedule the parents prefer.
Rights, Duties, and Primary Residence
A Texas parenting plan should allocate the rights and duties of each conservator, including who has the right to determine the children's primary residence and to make decisions about education and health care, and whether the primary-residence right is limited to a geographic area. These allocations flow from the conservatorship the court orders (Texas Family Code Section 153.131).
Possession Schedule and Exchanges
Beyond conservatorship, a Texas plan should set out the possession and access schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Spelling this out reduces conflict and shows the court exactly what possession arrangement to order.
Parent Education by Local Order
In many Texas counties, parents in a suit involving children must complete a parent-education or co-parenting course, but the requirement is usually set by a local district court standing order in the county where the suit is filed, not by a single statewide statute. Check the standing orders of the Texas county where your case is filed.

Find out where you stand in Texas

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Texas Requirements for Parenting Plan

Conservatorship, Not Custody

Joint Managing Conservator Presumption

Best Interest Is Primary

Agreed Parenting Plan Is Permissive

Standard Possession Order

Rights, Duties, and Primary Residence

Possession Schedule and Exchanges

Parent Education by Local Order

Frequently Asked Questions