A long distance parenting plan Texas courts approve is built on Texas Family Code § 153.313, which governs possession when parents live more than 100 miles apart. It grants the distant parent 42 days of summer possession, every spring break, and monthly weekends. Texas requires 6 months of state residency and a 60-day waiting period before any divorce is finalized.
Texas does not use the word "custody." Instead, the Texas Family Code uses "conservatorship" (decision-making authority) and "possession and access" (physical time with the child). When one parent moves out of state or across Texas, the geographic distance triggers a distinct possession schedule under Tex. Fam. Code § 153.313 that replaces the standard weekend routine with longer, less frequent blocks of time. This guide explains how those rules work, what a workable remote parenting arrangement looks like, and how to protect a child's relationship with an out of state parent through virtual visitation.
Key Facts: Texas Divorce and Custody
| Fact | Detail | Statute |
|---|---|---|
| Filing Fee | $300–$401 with children (varies by county) | Set by district clerk |
| Waiting Period | 60 days from filing | Tex. Fam. Code § 6.702 |
| Residency Requirement | 6 months in Texas + 90 days in county | Tex. Fam. Code § 6.301 |
| Grounds | Insupportability (no-fault) + 6 fault grounds | Tex. Fam. Code § 6.001–6.007 |
| Property Division Type | Community property, "just and right" division | Tex. Fam. Code § 7.001 |
| Long-Distance Trigger | More than 100 miles between homes | Tex. Fam. Code § 153.313 |
| Custody Terminology | Conservatorship + possession and access | Tex. Fam. Code § 153.001 |
What Is a Long-Distance Parenting Plan in Texas?
A long distance parenting plan Texas judges apply is a possession schedule under Tex. Fam. Code § 153.313 that activates when the possessory conservator lives more than 100 miles from the child. Instead of frequent weekends, the distant parent receives 42 summer days, every spring break, and one weekend per month, preserving contact across geographic distance.
The 100-mile line is the single most important number in Texas remote parenting. Under the standard possession order in Tex. Fam. Code § 153.312, a parent living close to the child gets first, third, and fifth weekends plus a weeknight period. Once a parent crosses the 100-mile threshold, Tex. Fam. Code § 153.313 reshapes the calendar toward fewer but longer visits. The reasoning is practical: a parent driving two hours each way cannot realistically manage a Thursday-night dinner visit, so Texas concentrates the out of state parent's time into extended school breaks. A conservatorship order still assigns each parent rights and duties regardless of distance, but the physical schedule changes materially once that 100-mile marker is crossed.
The 100-Mile Rule Under Texas Family Code § 153.313
Under Tex. Fam. Code § 153.313, a possessory conservator who lives more than 100 miles from the child chooses between two weekend options, receives 42 days each summer, gets every spring break annually, and keeps the same holiday schedule as nearby parents. This out of state parent structure trades weekly contact for multi-week blocks during school vacations.
The weekend choice is the heart of the statute. The distant parent may either keep the regular first, third, and fifth Friday weekend schedule, or elect one weekend per month of their choosing with 14 days' advance written or telephone notice. This election must be made within 90 days after the parents begin living more than 100 miles apart. Choosing the single monthly weekend often makes sense for a genuinely long distance parenting plan Texas families operate across states, because flying a child every third weekend is expensive and exhausting. Summer possession expands from the standard 30 days to 42 days under § 153.313, and unlike the nearby-parent schedule, the distant parent receives every spring break rather than alternating years. These extended periods let an out of state parent build meaningful, uninterrupted time even when day-to-day contact is impossible.
Standard vs. Long-Distance Possession: A Side-by-Side Comparison
The difference between the standard possession order and the long-distance schedule is measured in trade-offs: nearby parents get frequent short visits, while distant parents get infrequent long ones. Under Tex. Fam. Code § 153.312, a close parent may see the child 8–10 times monthly; under § 153.313, a distant parent may see the child during 3–4 extended blocks yearly totaling roughly 50+ days.
| Feature | Under 100 Miles (§ 153.312) | Over 100 Miles (§ 153.313) |
|---|---|---|
| Weekends | 1st, 3rd, 5th Friday | 1st/3rd/5th OR one chosen weekend/month |
| Thursday/weeknight | Yes (Thursday during school year) | No weeknight period |
| Summer possession | 30 days | 42 days |
| Spring break | Alternating years | Every year |
| Advance notice for elections | Varies | 14 days for monthly weekend |
| Election deadline | N/A | Within 90 days of the move |
The comparison shows why relocation planning matters. A parent debating a move just past the 100-mile line loses weeknight and frequent-weekend contact but gains 12 extra summer days and guaranteed spring break every year. Neither schedule is automatically "better"; the right structure depends on the child's age, the cost of travel, and each parent's flexibility. Reviewing your options through a personalized divorce roadmap can help you weigh how distance will reshape your parenting time before you finalize anything.
Virtual Visitation and Electronic Communication (§ 153.015)
Under Tex. Fam. Code § 153.015, a Texas court may order electronic communication to supplement a parent's possession periods, including phone calls, email, video conferencing, and webcam contact. Virtual visitation cannot replace in-person time; it must be reasonable, in the child's best interest, and available to both parents given their equipment.
Electronic communication is the connective tissue of any remote parenting arrangement. The statute, added in 2007, was written broadly enough to cover "any communication facilitated by the use of any wired or wireless technology," which today plainly includes FaceTime custody arrangements, Zoom, Skype, and messaging apps. Texas courts increasingly treat scheduled video calls as a normal component of a long distance parenting plan Texas order rather than an unusual request. When a court orders it under § 153.015, each parent must share the child's email and access information, notify the other parent of any change within 24 hours, and accommodate the calls with the same privacy and dignity given to in-person visits. A well-drafted order specifies call frequency, duration, and timing so that virtual visitation does not become a source of new conflict. To understand the broader framework, review how child custody arrangements function across possession, access, and decision-making in Texas.
Residency Requirements and How to File in Texas
To file for divorce with children in Texas, Tex. Fam. Code § 6.301 requires that at least one spouse has been a Texas domiciliary for the preceding 6 months and a resident of the filing county for 90 days. Texas then imposes a mandatory 60-day waiting period under Tex. Fam. Code § 6.702 before any divorce can be finalized.
Residency is a jurisdictional threshold, not a formality. The 6-month state requirement and 90-day county requirement can be satisfied by either spouse, so a parent who recently moved to Texas may still file if the other spouse meets the test. For custody specifically, Texas courts also apply the Uniform Child Custody Jurisdiction and Enforcement Act to determine whether Texas is the child's "home state," which generally means the state where the child has lived for the six months before filing. This becomes critical in out of state parent situations where one parent has already relocated. The 60-day clock begins the day the original petition is filed and runs even in uncontested cases; the only recognized exception involves documented family violence. If you are choosing where and how to file, a find a divorce attorney in your county can confirm jurisdiction before you spend money on filing fees.
Filing Fees and Court Costs in Texas
Divorce filing fees in Texas range from approximately $300 to $401 for a case involving children, depending on the county district clerk. As of March 2026, Harris County charges about $365, Dallas and Bexar Counties charge roughly $401 with children, and service of process adds another $75–$100. Verify with your local clerk.
County-by-county variation is significant because each district clerk sets fees within a statutory framework, layering mandatory surcharges on top of the base petition fee. Typical add-ons include a $20 court facility fee, a $20 courthouse security fee, a $10 county jury fee, a $35 law library fee, and a $15 dispute resolution fee. A worked example from Tarrant County shows a contested divorce with children totaling roughly $499 once the $401 filing fee, $8 citation, and $90 service are combined. Parents who cannot afford these costs may file a Statement of Inability to Afford Payment of Court Costs, which asks the court to waive fees. Because fee schedules change periodically, always confirm the current amount with your local District Clerk before filing. As of March 2026, these ranges reflect the largest Texas counties; smaller rural counties often fall toward the lower $300 end.
Best Interest of the Child: The Governing Standard
Every Texas possession and conservatorship decision is governed by Tex. Fam. Code § 153.002, which makes "the best interest of the child" the primary consideration. In long-distance cases, courts weigh the child's stability, the travel burden, each parent's involvement, and the feasibility of the schedule when approving a remote parenting arrangement.
Texas judges apply the long-standing Holley v. Adams factors to give content to the best-interest test: the child's desires, present and future emotional and physical needs, any danger to the child, each parent's parenting abilities, the stability of the proposed home, and the plans each parent has for the child. Distance sharpens several of these factors. A court examines who will pay for and manage travel, whether a young child can tolerate long flights, and how the parents will handle school-break exchanges. The law presumes both parents should be named joint managing conservators under Tex. Fam. Code § 153.131, meaning both retain decision-making rights even when one lives far away, unless evidence of family violence or a history of poor co-parenting rebuts that presumption. Understanding the best interest of the child standard is essential before proposing any long-distance schedule, because a judge will test every provision against it.
Building a Workable Long-Distance Plan
A durable long distance parenting plan Texas courts will approve should specify travel logistics, virtual visitation frequency, holiday allocation, and cost-sharing in writing. Courts favor plans that name who transports the child, how expenses are split, and how the schedule adjusts as the child ages, reducing future conflict and return trips to court.
The strongest remote parenting arrangements go beyond the statutory minimum in § 153.313 and address the friction points distance creates. Travel is the first: the plan should state whether the child flies as an unaccompanied minor, which parent covers airfare, and where the exchange happens. Cost allocation often splits transportation 50/50 or ties it to income, and pairing it with our child support calculator helps parents estimate the total financial picture. The plan should also lock in a predictable virtual visitation cadence under § 153.015, such as three video calls per week at set times, so FaceTime custody contact does not depend on goodwill. Finally, a good plan anticipates change: it may provide that if the distant parent moves back within 100 miles, the standard schedule under Tex. Fam. Code § 153.312 automatically resumes. Because Texas divides property under Tex. Fam. Code § 7.001 as part of the same decree, coordinating the parenting plan with the financial settlement keeps the entire case consistent.
Modifying a Long-Distance Order When Circumstances Change
A Texas possession order can be modified when a material and substantial change in circumstances occurs, under Tex. Fam. Code § 156.101, and the change serves the child's best interest. A parent's relocation across the 100-mile line is one of the most common triggers, converting a standard schedule into a long-distance one or vice versa.
Modification is how a long-distance plan adapts to real life. When an out of state parent moves closer, or a nearby parent relocates for a job, either party may file a suit to modify the existing order. The petitioner must show that circumstances have materially and substantially changed since the last order, which a cross-100-mile move typically satisfies. If a parent seeks to change which conservator has the exclusive right to designate the child's primary residence within the first year of a prior order, Tex. Fam. Code § 156.102 requires an affidavit showing the child's present environment may endanger physical health or significantly impair emotional development. Courts also revisit virtual visitation terms as children grow and technology changes. Because modification restarts the litigation process, many parents attempt mediation first; a mediated agreement can be entered as an agreed order without a contested hearing, saving both time and the filing costs described above.