What Are the Different Types of Conservatorships and How Do They Factor into Texas Child Custody Cases?

Before getting into child custody matters and parenting plans, it is important to understand conservatorships in Texas. Our state recognizes legal and physical custody and refers to these as conservatorships. One or both parents could be the conservators of a child in either a sole managing conservatorship or a joint managing conservatorship.

A sole conservator makes important life decisions for their child, including decisions regarding health care, education, religious upbringing, and general well-being. The other conservators could be involved in decision-making but do not have a legal final say. 

Most child custody arrangements in Texas are joint conservatorships. In such arrangements, parents have equal rights and responsibilities for the child’s education, health, and other important decisions.

In child custody matters, the default parent is the adult usually responsible for handling most of the child’s daily well-being. The Texas courts will determine custody based on what they believe to be in the child’s best interests, including who they think should be the default parent.

What Are Parenting Plans and Do You Need One in Texas?

A parenting plan, sometimes referred to as a parenting arrangement, is a formal legal agreement that outlines how parents share their responsibilities and how they share time with their children after a separation or divorce. 

Parenting plans are essential for maintaining stability in the child’s life and continuing open communication between parents after separation or divorce has concluded. Parenting plans can vary depending on several factors, including custody arrangements, decision-making responsibilities, where either parent resides, and more. 

Parenting plans are legally enforceable documents that outline visitation schedules and decision-making responsibilities for co-parenting adults. In many child custody cases, Texas courts require parenting plans to formalize the responsibilities and obligations of both parents and hopefully reduce the possibility of future disputes.

What Are the Parenting Plan Requirements in TX?

Even though parents may agree on certain terms regarding visitation and custody, the state still has certain legal requirements that must be satisfied. 

Requirements that must be met under the Texas family code include the following:

  • A clause that lays out how the parents will share or divide decision-making authority and responsibility, such as where the child receives medical care, cultural experiences, education requirements, and disciplinary tactics
  • Child support stipulations must be established within the parenting plan
  • A determination must be made on which parent shall be considered the managing conservator (the custodial parent) and which one will be considered the possessory conservator (the non-custodial parent)
  • Establish how the parents plan to contribute to the child’s life, including how they mean to help the child pursue their best interests and receive the emotional support they require
  • Parenting plans must include a clause that establishes how parents will share or divide physical rights and responsibilities, such as where the minor children reside most of the time
  • The process for making important decisions regarding the child’s life
  • A geographical area of the child’s residence
  • There must be an arrangement for sharing time with the child, including how the parents will handle holidays and vacations

 

What Factors Should Be Considered When Making Parenting Plans?

Well-crafted parenting plans address current issues and foreseeable issues that could potentially arise. A comprehensive parenting arrangement allows both parents to be involved with their child’s life and know what to expect when the child is with the other parent. While many parenting plans share similarities, every situation is different, and certain factors must be considered. 

Consider the following factors when making a parenting plan in Texas:

  • Any history of abuse, whether physical, emotional, or sexual
  • The child’s education and extracurricular activities
  • Determination of who is the primary caretaker for the children
  • Holidays and school breaks
  • Personal preferences of the child, if they are old enough to express them
  • Physical and geographical distance between both parents
  • Special needs of the child
  • The child’s age and the age of any siblings
  • Substance abuse issues
  • The work schedule of the parents

What Are the Key Components of a Comprehensive Parenting Plan?

You must tailor your parenting plan to meet your unique needs and those of your family. However, certain components may be crucial to virtually every parenting plan. 

Essential components for parenting plans in Texas include the following:

  • A clear custody and visitation schedule that sets expectations and fosters stability
  • Considerations for the child’s school calendar, age-appropriate needs, extracurricular activities, special occasions, and holidays
  • A certain level of flexibility for unforeseen changes to the family unit or the individual
  • Clarification about decision-making responsibilities
  • Instructions on how to conduct transparent communication between the parents
  • A carefully assessed strategy that meets your family’s unique needs and family dynamics
  • Clauses for mediation or seeking legal assistance

Should a Parenting Plan Be Revisited and Revised?

Changing family needs, evolving schedules, and growing children make it essential to routinely reevaluate whether the current parenting arrangement suits every party’s needs. 

We recommend revisiting and revising parenting plans at regular intervals or after certain major life events. Revising a parenting arrangement can help you address recurring challenges, establish new goals for improved co-parenting strategies, and implement necessary adjustments to the plan. Updates may include new visitation schedules, contingencies for unexpected developments, and edits to the established decision-making authorities. 

If it is time to revise your parenting plan, please contact our Texas law firm to schedule a free case evaluation with our legal team. 

Schedule a Free Consultation with a Compassionate Child Custody Attorney Today

Parenting plans are crucial for parents going through separations or divorces in Texas. Not only are they often required by family law judges, but they also help make things easier for all parties involved, including and especially the children. 

For legal guidance in crafting a parenting plan that suits your needs and the needs of every other party involved, please contact our law firm to schedule your free initial consultation with the family law attorney and his legal staff. 

You can reach us by phone at 817-854-1651.