Presumption in Texas is the standard Possession Order. Alternate holidays (such as Thanksgiving every other year). If you already have a parenting time order, this resource may not address your current order and is not intended to interpret your rights and responsibilities under your current order. This is an information-only resource that describes the possession program under the standard possession order.
If the parents divorce, the law presumes that the parents must be joint trustee guardians. This means that they would share the responsibilities of making decisions about a child. It doesn't necessarily mean that their time would be divided equally between parents. Either parent, with or without custody, can request child support services through the OAG to establish an order.
Although the OAG cannot represent you, the OAG may be able to help you get an order for custody, visitation, child support (including late child support), and medical support. The Texas Supreme Court issued orders saying that you must still follow your court orders and the school schedule originally published by the child to determine who should see the child and when. The parenting plan divides time between the non-custodial parent and the custodial parent, while allowing the child to have a stable schedule. When parents cannot agree on a schedule and their child is at least 3 years old, a judge will generally grant the Texas Standard Possession Order (SPO), unless a parent convinces that it is not in the best interest of the child.
Usually, your child will not have to appear in court unless one of the parties has filed a motion to consult with the child. Texas child custody lawyers provide answers to frequently asked questions about child custody laws and what determines who gets custody in Texas. If the child is not enrolled in an elementary or secondary school, “school” refers to the public school district in which the child primarily resides. In addition, this choice for one weekend per month must be made in writing to the parent who has custody of the child within 90 days of the parties starting to live more than 100 miles apart.
Most custody orders include a standard possession order (SPO) that sets the schedule for each parent's time with the child. For example, if both parents live in Houston, the court may not allow the custodial parent to move with the child outside of Harris County or any of the surrounding counties. Senate Bill 1936, also called the “equal parenting” or “co-parenting” bill, allows the non-custodial parent to own the child more than 40 percent of the time (before the bill, non-custodial parents had the child only 20 to 24 percent of the time). It contains information about custody claims, known as Claims Affecting the Parent-Child Relationship (SAPCR).
See the Family Matters page in the Texas COVID-19 Law & research guide for up-to-date information related to COVID-19 and child custody and support. If the parent is not in possession of the child on Father's Day, he has the right to pick up the child during a period of parenting time during Father's Day. This is a plan for raising your child that outlines the minimum amount of time your child will spend with each parent.
