Texas Family Law and Parenting Plans - Bray, Chappell and Patterson, Inc.- San Antonio Collabroative Law, Mediation and Family Law Attorney

Texas Family Law and Parenting Plans

What is a Parenting Plan?
(Texas Family Code 153.601(4))

A Parenting Plan is a temporary or final court order that sets out the rights and duties of parents in a suit affecting the parent-child relationship and includes provisions relating to conservatorship, possession of and access to a child, and child support, and a dispute resolution process to minimize future disputes.

Agreed Parenting Plan for Joint Managing Conservatorship
(Texas Family Code 153.007)

Pursuant to Texas Family Code section 153, parties to a suit affecting parent-child relations may now enter into an agreed written parenting plan. The parenting plan may deal with such issues as conservatorship and possession of the child, and for modification of the parenting plan, including variations from the standard Texas possession order. If the court finds this agreed plan to be in the child’s best interest, it shall render an order in accordance with the plan. If the court finds the agreed plan to not be in the child’s best interest, it may request the parties submit a revised parenting plan or the court may enter its own order regarding conservatorship and possession of the child.

Requirements of Agreed Parenting Plan
(Texas Family Code 153.133(a)(1))

If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plans:

Is voluntarily and knowingly made by each parent and has not been rejected by either parent by the time the order is rendered;
Designates the parent who has the exclusive right to designate the primary residence of the child;
Establishes a domicile restriction or states that there is no domicile restriction;
Includes provisions to minimize disruptions of the child’s education, daily routine, and association with friends;
Specifies the rights and duties of each parent regarding the child’s physical care, support, and education; and
Allocates between the parents, either jointly, independently, or exclusively, all of the remaining rights and duties of a parent.

Enforcement and Modification of Plan only through Alternative Dispute Resolution
(Texas Family Code 153.133(b))

The agreed parenting plan must contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency.

Applicability of Agreed Parenting Plan
(Texas Family Code 153.134- footnote)

This section regarding Agreed Parenting Plans only applies to a suit affecting the parent-child relationship filed on or after September 1, 2005. A suit affecting the parent-child relationship filed before September 1, 2005 is governed by Texas Family Code § 153 as it existed at the time of filing.

Court Ordered Parenting Plans

Temporary Orders and Temporary Parenting Plans
(Texas Family Code 153.602(a)(b))

A temporary order that establishes a conservatorship in a suit affecting the parent-child relationship must incorporate a temporary parenting plan. This temporary parenting plan must comply with the requirements for a final parenting plan.

If the parties cannot agree to a temporary parenting plan the court may, on it’s own or by motion of a party, order the parties to participate in a dispute resolution process to establish a temporary parenting plan. If a dispute resolution process is not successful, a party may request, and the court may order, an expedited hearing to establish a temporary parenting plan.

Final Parenting Plans
(Texas Family Code 153.603(a)(b))

A final court order affecting the parent-child relationship must incorporate a final parenting plan. This final parenting plan must:

Establish the rights and duties of each parent with respect to the child;
Minimize the child’s exposure to harmful parental conflict;
Provide for the child’s changing needs as the child grows and matures. This must be done in a way that minimizes the need for further modifications to the final parenting plan;
Provide for a dispute resolution process before court action, unless there has been a history of domestic violence; and
State that preference be given to carrying out the plan and the parties shall use the designated dispute resolution process to resolve disputes.

The Creation of Final Parenting Plans

The Dispute Resolution Process and creating Final Parenting Plans
(Texas Family Code 153.603)(c))

If the parties cannot reach agreement on a final parenting plan the court may, on its own or by motion of a party, order the parties to alternative dispute resolution to determine a final parenting plan.

Proposed Final Parenting Plans
(Texas Family Code 153.603)(d))

If by 30 days before trial the parties have not reached agreement through dispute resolution on a final parenting plan, each party shall file with the court and serve a proposed final parenting plan. Each party must attach to their filed parenting plan a verified statement of income and that the plan is proposed in good faith. Failure by a party to comply with this subsection may result in the court’s adoption of the proposed final parenting plan filed by the opposing party if the court finds that plan to be in the best interest of the child.

In a suit to modify a parenting plan each party must file a proposed parenting plan with the court, unless the modification is sought only with regard to child support. The parent paying child support must attach to his proposed modification a verified statement of income.

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