When you are getting a divorce, you must develop a parenting plan that outlines each parent’s legal responsibilities as well as the child’s living arrangements. Figuring out custody and visitation rights (called conservatorship and possession/access in Texas) can be challenging, especially when you and the child’s other parent may be on less-than-ideal terms. The court does prefer that parents work together to create their own parenting plan.
If you and your ex are developing a parenting plan, you are likely to have questions about the process. At Cook Law, our San Antonio child custody lawyers are available to navigate this process to ensure that your desires and your child’s needs are satisfied.
What is Included in a Parenting Plan?
A parenting plan describes when the child will spend time with each parent. This includes who the child will reside with and how custody will be divided on weekends, vacations, holidays, and summer. A parenting plan also dictates how decisions will be made concerning a child’s health, schooling, and religious instruction. Each parenting plan is subject to court approval, with a judge ensuring it meets the best interests of the child standard. If either parent violates the parenting plan, they may be found in contempt of court or face other civil remedies.
Factors to Consider in Developing a Parenting Plan
A parenting plan solidifies the role each parent will play in a child’s life. This includes which parent will have primary conservatorship, how important decisions will be made, and who the child will spend time with on weekends, vacations, and holidays.
This plan should be comprehensive, addressing any foreseeable issues that could arise. Texas courts will consider the following when determining if a parenting plan satisfies a child’s needs:
The Child’s Age
A younger child will need more emotional support, while a possible schedule for older children should account for extracurricular activities and other school events. Moreover, it is generally advised to ask an older child about their preferences before making any decisions. (The court will typically consult with a child who is at least 12 years of age regarding their living preferences.)
The Child’s Needs
The court will examine each child’s physical and emotional needs. While some children function well going back and forth between homes, others require more stability. Additionally, a child with special needs will need specialized care, which will be based on their mental, emotional, or physical disability.
Which Parent is the Primary Caretaker
If one parent historically made the child’s meals, got them ready for school, and handled transportation, this parent may be awarded primary physical possession. A younger child is less likely to prosper if they spend significant time away from their parent.
Each Parent’s Work Schedule
If one parent is the primary breadwinner, their work schedule may prevent them from being available to meet the child’s daily needs. If one parent’s work is unpredictable, it would make more sense for the child to spend more time with the parent with better availability.
If There is a History of Abuse
The court considers a child’s physical, emotional, and mental well-being to be of the utmost importance. If either parent has a history of verbal abuse or domestic violence, then it is unlikely that shared possession will be awarded. In situations in which the court believes that it is still in a child’s best interest to have the other parent involved in their lives, supervised visitation may be ordered. Supervised visitation allows the other parent to have access to the child, with visits monitored to ensure the child’s safety.
Physical Distance Between Each Household
A possession schedule for parents who live near one another will look very different from one involving significant travel time. The child’s needs and the time needed to transport the child from one residence to another will be considered in determining a suitable parenting plan. If air travel is involved, parents should consider the child’s age and maturity when deciding whether to accompany them or let them fly solo.
When a Parenting Plan Should Be Developed
A parenting plan can help determine each parent’s duties and responsibilities as they part ways. While a parenting plan is needed to assess conservatorship arrangements, spouses may develop one if they decide to divorce or separate. Creating a schedule that meets Texas law can be difficult, especially if you are unaware of the factors the court considers in determining it.
If you and your former spouse agree on a parenting plan but are unsure what legal verbiage to include, our San Antonio child custody attorneys are here to help. We can help streamline the process of developing a parenting plan that is likely to be approved by the court.
Contact Our San Antonio Child Custody Lawyers
If you and your ex have separated or have initiated divorce proceedings, your child’s needs must remain at the forefront during this time. At Cook Law, we understand that you have a lot to deal with. If you need legal advice on how to proceed or would like to discuss your parental rights, our San Antonio child custody attorneys are here to help. To schedule your consultation today, feel free to reach out to us online or by calling (210) 740-0281.