A parenting plan in Texas is a written document that allocates conservatorship (decision-making rights), possession and access (parenting time), and child support between parents. Under Tex. Fam. Code § 153.007, Texas courts require a parenting plan in every suit affecting the parent-child relationship, and the plan becomes enforceable only once a judge signs it into a court order.
Key Facts: Parenting Plans in Texas
| Item | Texas Requirement |
|---|---|
| Filing Fee | $250–$401 (district clerk; $350 base in Harris, Dallas, Bexar, Travis) |
| Waiting Period | 60 days minimum before finalization (§ 6.702) |
| Residency Requirement | 6 months in Texas + 90 days in the filing county (§ 6.301) |
| Governing Statute | Family Code Chapter 153 (Conservatorship, Possession, and Access) |
| Custody Terminology | "Conservatorship" and "possession and access" (Texas does not use "custody") |
| Decision Standard | Best interest of the child (§ 153.002) |
| Default Schedule | Expanded Standard Possession Order (parents within 50 miles, cases filed on/after 9/1/2021) |
Note: As of March 2026, verify current filing fees with your local District Clerk before filing.
What Is a Parenting Plan in Texas?
A parenting plan in Texas is a court-required document that sets out how separated parents will raise their children, governed by Tex. Fam. Code § 153.007. The plan must address three core areas: conservatorship (legal rights and duties), possession and access (the parenting time schedule), and child support. Texas law requires a parenting plan in every divorce or custody case involving children.
Texas uses distinct legal terminology that differs from most states. What other states call "custody" is conservatorship in Texas, and what many parents call "visitation" is legally termed possession and access. A custody agreement reached between parents is incorporated into the parenting plan, which a judge then reviews against the best-interest standard. Under Tex. Fam. Code § 153.007, an agreed parenting plan that the court approves is enforceable by all remedies available for a judgment, including contempt, but it is not enforceable as a contract. If the judge finds the agreed plan is not in the child's best interest, the court may request a revised plan or impose its own.
What Must a Texas Parenting Plan Include?
A complete Texas parenting plan must include conservatorship designations, a detailed possession and access schedule (the parenting time schedule), child support terms, and provisions for resolving future disputes. Texas courts will not approve a parenting plan that omits any of these statutory elements, and incomplete plans delay finalization past the 60-day minimum waiting period.
Every parenting plan filed under Chapter 153 should specify which parent has the exclusive right to designate the child's primary residence, how major decisions about education, medical care, and religious upbringing are made, and the precise co-parenting schedule for regular weeks, holidays, and summers. A strong parenting plan Texas families rely on also addresses transportation and exchange logistics, communication methods between parents, the right to access medical and school records under Tex. Fam. Code § 153.073, and a method for resolving disagreements such as mediation. As of September 1, 2025, HB 2495 expanded conservator rights to include the specific right to designate the school the child attends and to enroll the child, so well-drafted plans now address school designation explicitly.
Conservatorship: Joint vs. Sole Managing Conservator
Texas recognizes two main conservatorship structures: joint managing conservatorship (JMC), where both parents share rights and duties, and sole managing conservatorship (SMC), where one parent holds primary decision-making authority. Under Tex. Fam. Code § 153.131, the law presumes that appointing both parents as joint managing conservators is in the child's best interest.
Joint managing conservatorship does not mean equal parenting time. Tex. Fam. Code § 153.135 explicitly states that JMC does not require the award of equal or nearly equal periods of physical possession. In most JMC arrangements, one parent receives the exclusive right to designate the child's primary residence, often within a geographic restriction such as a specific county or contiguous counties. A court may appoint a sole managing conservator under Tex. Fam. Code § 153.132 when joint conservatorship would not serve the child, frequently in cases involving family violence, neglect, or substance abuse. Under Tex. Fam. Code § 153.004, a court must consider evidence of abusive physical force or sexual abuse committed within the two-year period preceding the filing of the suit when deciding conservatorship, and a history of family violence prevents an abusive parent from being named a joint managing conservator.
The Standard Possession Order and Parenting Time Schedule
The Standard Possession Order (SPO) is the default parenting time schedule in Texas, presumed to be in the best interest of children age three and older under Tex. Fam. Code § 153.252. The basic SPO gives the noncustodial parent possession on the first, third, and fifth weekends of each month, Thursday evenings during the school year, alternating holidays, and at least 30 days in the summer.
The distance between the parents' homes determines the exact schedule. For cases filed on or after September 1, 2021, Tex. Fam. Code § 153.3171 makes the Expanded Standard Possession Order (ESPO) the automatic default when both parents live within 50 miles of each other, unless a parent opts out or an exception applies. The ESPO extends weekend possession from when school is dismissed Friday until school resumes Monday, and Thursday visits become Thursday overnights, giving the noncustodial parent meaningfully more time. The 89th Texas Legislature confirmed this expansion effective September 1, 2025, for new orders.
| Distance Between Parents | Weekend Schedule | Expanded Times |
|---|---|---|
| 50 miles or less (filed on/after 9/1/2021) | 1st, 3rd, 5th weekends | Automatic ESPO under § 153.3171 unless opted out |
| More than 50 to 100 miles | 1st, 3rd, 5th weekends | Available by written or in-court election under § 153.317 |
| More than 100 miles | 1st, 3rd, 5th weekends OR one chosen weekend per month | Reduced weekday visits; extended summer under § 153.313 |
How to Create a Parenting Plan in Texas: Step-by-Step
Creating a parenting plan in Texas follows a defined sequence: meet residency requirements, file the petition, draft the plan, negotiate or mediate disputed terms, and submit the agreed plan for the judge's approval. The entire process takes a minimum of 61 days because of the mandatory 60-day waiting period under Tex. Fam. Code § 6.702.
The practical steps for parents are:
- Confirm residency: At least one parent must have lived in Texas for 6 continuous months and in the filing county for 90 days under Tex. Fam. Code § 6.301.
- File the petition: Submit an Original Petition for Divorce (with children) or a SAPCR petition with the district clerk and pay the filing fee of roughly $250–$401. A certified copy of the child's birth certificate is now required with the initial petition under 2025 reforms, or a statement explaining why it is unavailable.
- Draft the parenting plan: Address conservatorship, the co-parenting schedule, child support, and dispute resolution.
- Negotiate or mediate: Many Texas counties require mediation before a contested hearing; mediated settlement agreements that meet Tex. Fam. Code § 153.0071 statutory requirements are binding and cannot be revoked.
- Obtain court approval: A judge reviews the plan against the best-interest standard and signs it into a final order after the 60-day waiting period.
Child Support in the Parenting Plan
Child support in a Texas parenting plan is calculated using statutory percentages of the obligor's net monthly resources under Tex. Fam. Code § 154.125: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. These guideline percentages apply to net resources up to a statutory cap.
Effective September 1, 2025, the 89th Texas Legislature raised the child support cap from $9,200 to $11,700 in net monthly resources. This means guideline support is calculated on the first $11,700 of an obligor's monthly net income, with the increase applying only to new judgments issued on or after September 1, 2025. Existing orders remain at the prior cap unless a parent files a modification and a court approves it. For example, an obligor with one child earning at or above the new cap would pay 20% of $11,700, or $2,340 per month in guideline child support. The parenting plan must also allocate health insurance and uninsured medical expenses, typically requiring one parent to maintain coverage and the parents to split uncovered costs.
Modifying a Texas Parenting Plan
A Texas parenting plan can be modified when there has been a material and substantial change in circumstances since the last order, under Tex. Fam. Code § 156.101. Common qualifying changes include a parent's relocation, a significant change in income, remarriage, or a child's evolving needs as they grow older.
Modification requires filing a petition to modify the existing order in the court that retains continuing exclusive jurisdiction. A child who is 12 years or older may express a preference about which parent has the right to designate the primary residence, and under Tex. Fam. Code § 153.009 the judge must interview that child in chambers on the request of a party, though the child's preference is not binding. Parents whose orders predate the September 1, 2025 reforms — including the automatic ESPO and the higher child support cap — must affirmatively file a modification to adopt those provisions; the changes do not apply retroactively to existing orders. Because Texas courts disfavor frequent disruptions to a child's routine, a petition to modify the person with the exclusive right to designate the primary residence filed within one year of a prior order requires a supporting affidavit alleging specific facts under Tex. Fam. Code § 156.102.
2025–2026 Law Changes Affecting Texas Parenting Plans
The 89th Texas Legislature enacted sweeping family-law reforms effective September 1, 2025, that directly affect parenting plans, conservatorship standing, and child support. The most significant changes include the automatic Expanded Standard Possession Order, the higher child support cap, a strengthened fit-parent presumption, and new documentation requirements.
Key 2025 reforms parents should know:
- Fit-parent presumption: SB 2052 created a rebuttable presumption that a fit parent acts in the child's best interest. A nonparent seeking conservatorship or visitation must now overcome this presumption by clear and convincing evidence and file an affidavit showing that denying relief would significantly impair the child's physical health or emotional development.
- Tightened nonparent standing: The standard for nonparents who cared for a child shifted from "actual care, control, and possession" for six months to "exclusive care, control, and possession," a higher threshold under Tex. Fam. Code § 102.003.
- Relative standing: HB 2350 expanded standing for relatives within the fourth degree of consanguinity when a child's parents are deceased.
- School designation: HB 2495 added the express conservator right to designate the child's school and enroll the child.
- Birth certificate requirement: A certified copy of the child's birth certificate must accompany the initial petition, or a statement explaining its absence.