Texas Parenting Time Calculator
Free AI-powered calculator using Texas's official statutory formula.
How Texas Calculates It
Texas parenting time is governed by the Standard Possession Order (SPO) under Texas Family Code Chapter 153, which grants noncustodial parents approximately 43% of overnights annually under the basic schedule, or up to 47% with the Expanded Standard Possession Order available to parents living within 50 miles of each other. Texas does not use a specific overnight threshold to trigger shared custody child support adjustments—instead, courts evaluate each case individually based on the child's best interest. The basic SPO includes the first, third, and fifth weekends of each month, Thursday evenings, alternating holidays, and at least 30 days in summer.
For children under age three, Texas Family Code Section 153.254 requires courts to craft custom "step-up" possession schedules that gradually increase parenting time until the child reaches three years old, when the full SPO becomes appropriate. Holiday schedules in Texas alternate by odd and even years: Thanksgiving goes to the noncustodial parent in odd years, while Christmas is split into two periods with custody alternating each year. Parents within 50 miles may elect expanded possession times under Senate Bill 1936 (effective September 1, 2021), which extends weekends from school dismissal Friday through school resumption Monday.
Texas courts encourage parents to develop custom parenting plans that fit their family's needs, and the Texas Attorney General's Office provides a toll-free Access and Visitation Hotline at 866-292-4636 for parenting time guidance.
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Parenting Time Calculator
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Frequently Asked Questions
How is parenting time calculated in Texas?
Texas calculates parenting time by counting overnight stays allocated to each parent under the Standard Possession Order defined in Texas Family Code Chapter 153. The basic SPO grants the noncustodial parent approximately 43% of annual overnights, including first, third, and fifth weekends, Thursday evenings, alternating holidays, and 30+ summer days. Parents within 50 miles may elect expanded possession times that increase this to approximately 47% of overnights.
What parenting time percentage qualifies for shared custody in Texas?
Texas does not use a specific percentage threshold to define shared custody for child support purposes. Unlike states with fixed overnight thresholds, Texas courts evaluate each custody arrangement individually under Texas Family Code Section 154.123. Even with a 50/50 possession schedule, Texas courts typically still order child support if there is a significant income disparity between parents, as the primary consideration is the child's best interest rather than a mathematical time split.
What is a 2-2-3 custody schedule in Texas?
A 2-2-3 custody schedule rotates children between parents every few days: Parent A has Monday-Tuesday, Parent B has Wednesday-Thursday, and weekends alternate. This creates a true 50/50 split with each parent receiving approximately 182.5 overnights annually. While not the default under Texas's Standard Possession Order, Texas courts may approve this schedule if both parents agree and it serves the child's best interest under Texas Family Code Chapter 153.
How does parenting time affect child support in Texas?
In Texas, parenting time percentage does not automatically reduce child support obligations. Under Texas Family Code Section 154.125, child support is calculated as a percentage of net monthly income—20% for one child, 25% for two children, up to 40% for five or more. Even with equal 50/50 parenting time, the higher-earning parent typically pays support to ensure the child maintains a consistent standard of living in both homes.
Can I modify a parenting plan in Texas?
Yes, Texas allows parenting plan modifications under Texas Family Code Section 156.101 if circumstances have materially and substantially changed since the original order. Examples include relocation, remarriage affecting the child, or a child over 12 expressing preference to the court. You must generally wait one year after the prior order unless the child's current environment endangers their physical health or emotional development.
What is the best custody schedule for toddlers in Texas?
For children under three years old, Texas Family Code Section 153.254 requires courts to order age-appropriate "step-up" possession schedules rather than the full Standard Possession Order. Courts typically order shorter, more frequent visits—such as two-hour visits twice weekly plus daytime weekend periods—that gradually increase as the child develops. By age three, most children transition to the full SPO with overnight stays.
How are holidays divided in Texas custody agreements?
Texas Standard Possession Orders alternate major holidays by odd and even years. The noncustodial parent receives Thanksgiving in odd-numbered years, while Christmas is split into two periods that alternate annually. Mother's Day and Father's Day go to the respective parent regardless of the regular schedule, and the parent not in possession on the child's birthday receives two hours that evening from 6-8 p.m.
What is first right of refusal in Texas custody?
First right of refusal requires a parent to offer childcare time to the other parent before using babysitters or other caregivers. Texas Family Code does not automatically include this provision—it must be negotiated and explicitly written into the custody agreement. Common thresholds specify that the right applies when the custodial parent will be away for more than four hours or overnight.
Official Statute
Official Statute
Texas Family Code Chapter 153 - Conservatorship, Possession, and AccessVetted Texas Divorce Attorneys
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