How to create a parenting plan in Texas depends on your situation: the plan must be written clearly and put into the right court order. You can draft the terms yourself, but the plan usually is not enforceable until a Texas judge signs it into a custody order.
Warren & Migliaccio, L.L.P. has helped North Texas families with child custody issues since 2006, serving Dallas, Collin, Denton, and Tarrant counties. We focus on parenting plans that are clear enough to follow on a bad day, not just a good day.
(If you feel stuck, that is normal. Most parents do.)
What Do Key Texas Parenting Plan Terms Mean? (Key Definitions)
Texas uses different words than many states. If you use the right Texas terms, your plan is easier to approve and enforce. The chart below shows the vocabulary that shows up in a Texas family law case.
| Term | What It Means in Texas | Why It Matters in Your Plan |
|---|---|---|
| Conservatorship | Who has certain “custody” rights and duties | Sets decision-making power and residence rules |
| JMC / SMC | Joint Managing Conservator vs. Sole Managing Conservator | Affects who decides school, medical care, and where the child lives |
| Possession and Access | The parenting time schedule | Creates the enforceable calendar |
| Standard Possession Order (SPO) | A common default schedule framework | Often the starting point for negotiations and court orders |
| SAPCR | Suit Affecting the Parent-Child Relationship | The case type that creates enforceable custody orders (often for unmarried parents) |
| Parenting Plan | The written terms that go into the final order | A plan is strongest when it becomes a signed court order |
| Fee Waiver | “Statement of Inability to Afford Payment of Court Costs” (common Texas form) | May allow filing without paying fees if you qualify |
| Virtual visitation | Video/phone contact rules | Prevents fights about calls and access when the child is with the other parent |
Why a Parenting Plan Is Not “Done” Until You Match It to the Right Texas Court Path
A parenting plan in Texas is not “done” when it is typed up. It is “done” when the plan’s terms match your legal path and get signed into a court order. That is the step many parents miss.
What We Consistently See in North Texas Parenting Plan Cases
In our experience helping parents across Dallas, Collin, Denton, and Tarrant counties, most parenting plan problems come from vagueness, not bad intentions. We regularly see drafts that rely on words like “reasonable” but do not include exact exchange times, clear holiday start and end times, or a workable process for medical and school decisions. When the plan reads like a calendar, co-parents argue less and children usually have a steadier routine.
What catches parents off guard is that a plan is not truly “done” until it matches the correct Texas court path and gets signed into a court order. We have also seen delays when parents file a strong plan but miss a required signature, attach the wrong version of a form, or mishandle service. Attorney Gary Warren (Texas Bar #00785181) and our team focus on making the plan enforceable, not just well-written.
The takeaway: draft with Texas terms, write details that prevent fights, and make sure the final paperwork supports court approval.
Here is the two-layer issue we see in real life:
| Layer | What It Covers |
|---|---|
| Layer 1: The written parenting plan | The terms you and the other parent agree to |
| Layer 2: The court case and final order | The vehicle that makes the terms enforceable |
Pick your Texas court path (fast check)
Answer 3 quick questions to see the likely court path described in this guide and what to do next.
Two common starting situations:
- Married parents: A parenting plan is usually folded into a divorce with children and ends up in the Final Decree and related custody orders.
- Unmarried parents: The parenting plan terms usually become enforceable through a SAPCR (and sometimes paternity is addressed first).
Texas also has timing pressure in contested cases. If the parents have not agreed on a final parenting plan by the 30th day before trial, a party may file and serve a proposed parenting plan.⁴
Pick your path (quick guide):
| Your Situation | Likely Texas Path | What This Means for Your Plan |
|---|---|---|
| Married and divorcing | Divorce with children | Parenting plan terms must be written into the decree and custody orders |
| Not married | SAPCR (sometimes with parentage issues) | Same plan terms, but different filings and process |
| You already have an order | Modification case | A new plan must meet the Texas modification standard⁹ |
If your goal is a legally enforceable custody schedule, the judge’s signature matters as much as the wording.
Who Should Use This Guide and Who Should Not?
This guide is for parents who want a practical, court-ready parenting plan.
Best for:
- Parents preparing for mediation who want a draft proposal
- Parents who mostly agree but want fewer loopholes later
- Parents who want Texas terms like conservatorship and possession and access (not generic “custody” language)
Not a good fit for:
- Family violence, stalking, or serious safety risks
- A parent who may hide the child or refuses exchanges
- Active substance abuse issues that need safety-focused orders
- Emergency situations where temporary orders are needed fast
If any “not a good fit” item applies, talking with a lawyer is often the safest step. For help in Dallas, Collin, Denton, and Tarrant counties, Call (888) 584-9614 for a free consultation.
What Should Be Included in a Parenting Plan in Texas?
A Texas parenting plan should cover conservatorship, possession and access, decision-making rights, child support-related items, communication rules, and how disputes will be handled. The goal is a plan that protects the child’s stability and reduces future fights.
What Do Texas Judges Focus on First? (Best interest)
Texas judges focus on the child’s best interests.¹ A parenting plan that supports the child’s well-being usually has stability, safety, and clear routines.
Common “best interest” drafting moves include:
- Keeping school nights predictable for school aged children
- Protecting the child’s emotional security with consistent exchanges
- Avoiding vague rules that invite conflict between co parents
- Writing safety-focused terms when domestic violence is an issue
A plan can also help shield children from adult conflict. Clear rules reduce the need for constant arguments, texts, and last-minute changes.
How Do You Choose Conservatorship Terms That Fit Your Family?
Conservatorship is the Texas word for the rights and duties many people call “legal custody.” Many parents share major rights even if one parent has the right to decide the child’s primary home.
| Issue | Options | Drafting tip |
|---|---|---|
| Managing conservator | Joint Managing Conservatorship (JMC) vs. Sole Managing Conservatorship (SMC) | Use JMC language when both parents can safely share responsibilities |
| Primary residence | One parent may have the exclusive right to designate the child's primary residence | Add a clear geographic restriction if needed (county or area) |
| School decisions | Shared vs. one parent decides | State who decides and how school records are shared |
| Medical care | Shared vs. one parent decides | Define routine care vs. major care and how consent works |
| Access to information | Rights to records and updates | Require each parent to share school and medical notices quickly |
A good conservatorship section reduces “power struggles” before they start.
What Is the Standard Custody Schedule in Texas? (SPO basics)
The Standard Possession Order (SPO) is a common baseline schedule in Texas, and there is a presumption it provides reasonable minimum parenting time in many cases.⁵ The SPO is often the “default” schedule people mean when they say “standard custody arrangement.”
Many parents recognize SPO basics like:
- 1st, 3rd, and 5th weekends (common pattern)
- Weekday time during the school year (often Thursday evening time)
- Alternating holidays
- Extended summer possession (often up to 30 days)
Two big SPO notes:
- The schedule can change if parents live more than 100 miles apart.
- A 50/50 custody arrangement does not automatically mean the child spends exactly half of the time with each parent.
What If Your Child Is Under 3 Years Old? (Why “step-up” plans exist)
For a child under three, Texas courts can order a schedule that fits the child’s needs instead of a standard schedule.⁶ Infants and toddlers often do better with shorter, more frequent time, then longer blocks as the child grows.
Drafting prompts that help:
- Nap and bedtime routines
- Breastfeeding or feeding schedules
- A “step-up” plan with clear milestones (example: changes at 18 months, then at age 3)
- Transportation rules that reduce stress for the child
A plan should match the child’s age, not just the parents’ preferences.
How Can Parents Create a 50/50 Schedule That Still Works in Texas?
Parents can create a shared custody schedule if it fits the child and the parents’ real lives. The best 50/50 plans are practical, not perfect on paper.
Common schedule patterns parents ask for:
- 2-2-3 schedule
- 2-2-5-5 schedule
Drafting prompts that prevent future disputes:
- Exact exchange times and locations
- School-day handoffs vs. non-school-day handoffs
- What happens when one parent has a work conflict
- Travel time if parents live far apart
A schedule must fit the child’s rhythms, school, and emotional needs.
How Should Holidays, Birthdays, and Summer Be Written to Avoid Fights?
Holidays should be written with calendar-level detail. Most custody fights start with “We meant the same thing,” but the order says something else.
Checklist:
- List holidays by name and exact start and end times
- State whether holidays override weekends
- Add birthday rules (child’s birthday and parents’ birthdays)
- Define summer possession dates and notice deadlines
- Add make-up time rules if time is missed
What Exchange Rules Prevent the Most Conflict?
Exchange rules are where many parents save the most stress. Clear pickup and drop-off rules reduce last-minute conflict.
Good exchange clauses often cover:
- Exact location (school, daycare, a neutral spot)
- A short grace period and notice rule for lateness
- Who transports the child
- How to handle items like schoolwork, medicine, and devices
- A backup plan if conflict is high (neutral exchange location)
What Decision-Making Rights Must Be Spelled Out?
Decision-making should be stated clearly, even when parents get along today. If you do not spell out decision rights, small problems turn into big ones.
Common categories:
- Medical, dental, and mental health care
- Education (school choice, tutoring, special programs)
- Extracurricular activities (who signs up, who pays, transportation)
- Religion (if relevant to the family)
- Therapy appointments and counseling
If disagreements are likely, many parents add a practical tie-break method, such as mediation first, or a defined process to reach agreement.
How Do Child Support and Shared Expenses Fit Into the Plan?
Child support is usually decided under Texas guidelines and included in the court order.⁸ Parents can agree on some expense-sharing, but the court still reviews child support for the child’s benefit.
Helpful plan terms include:
- Who carries health insurance for the child (medical support)
- How uninsured medical expenses are split (and what counts)
- Reimbursement deadlines (example: “within 15 days of receipt”)
- Proof required for repayment (receipts, explanation of benefits)
- A simple expense tracking method both parents can use
This is where many parents avoid conflict by putting the process in writing.
What Communication Rules Should You Add? (Including virtual visitation)
A good plan sets a communication system. Structured communication reduces misunderstandings and protects the child from adult conflict.
Practical communication terms:
- Preferred method (email, text, co parenting app)
- Expected response time for non-emergencies
- Emergency contact rules
- Notice rules for school events and medical care
Texas law allows courts to award reasonable electronic communication in some cases.⁷ Parents can also agree to clear “virtual visitation” windows so calls do not turn into daily arguments.
When Should You Add Dispute Resolution Language?
Dispute language belongs in almost every parenting plan. A “mediation first” step can lower conflict when disputes arise.
Common options:
- Mediation before filing non-emergency motions
- Parenting coordinator or facilitator language (when appropriate)
- A written process for schedule swaps and make-up time
(If you are dealing with high conflict, the process matters as much as the schedule.)
How Do You Draft and File a Parenting Plan in Texas?
You can draft a plan in a weekend, but filing and approval are where many parents get tripped up. Follow a step-by-step process so your plan can become enforceable.
Interactive Roadmap: Draft-to-Court Order Steps
Use the slider or step buttons to review the process listed in the article. You can also expand the full checklist below.
Gather the basics:
school calendar, work schedules, distances, childcare routines, and medical needs.
View full checklist (all 10 steps)
- Gather the basics: school calendar, work schedules, distances, childcare routines, and medical needs.
- Pick a schedule starting point: SPO, Expanded SPO, or a custom 50/50 pattern.
- Choose conservatorship terms: who decides what, and whether a geographic restriction is needed.
- Add “fight prevention” clauses: exchanges, holidays, travel notice, virtual visitation, and a Right of First Refusal concept if it fits your family.
- Address support and expenses: child support expectations, health insurance, uninsured expenses, and repayment rules.
- Match your court path: divorce with children vs. SAPCR for unmarried parents.
- File correctly: many Texas counties use eFileTexas; local rules vary by county.
- Handle service of process: waiver of service vs. formal service, depending on safety and trust.
- Get the judge’s signature: prove-up or hearing steps vary by county and court.
- Keep copies and follow the order: enforcement depends on what the signed order says.
For parents in Dallas, Collin, Denton, and Tarrant counties, we often help by reviewing the draft for enforceability and then guiding the filing steps.
What Texas Laws Control Parenting Plans?
Texas parenting plans are tied to Texas Family Code rules. The court can approve an agreed plan, but it must still meet Texas legal standards.
| Legal Authority | What It Covers | Why It Matters to Your Plan |
|---|---|---|
| Tex. Fam. Code § 153.001² | Texas public policy (contact, safety, shared parenting when appropriate) | Helps frame stable schedules and safety-focused terms |
| Tex. Fam. Code § 153.002¹ | Best interest of the child | The judge’s guiding rule in custody decisions |
| Tex. Fam. Code § 153.603⁴ | Parenting plan required in final orders; proposed plan timing before trial | Supports the “plan must be in the final order” point |
| Tex. Fam. Code Ch. 154⁸ | Child support guidelines | Sets baseline child support expectations and support terms |
| Tex. Fam. Code § 156.101⁹ | Modification standards | Shows why drafting clearly now matters later |
What Parenting Plan Mistakes Cause the Most Fights in Texas?
Most parenting plan problems come from vagueness, not bad intentions. A detailed schedule is often the best conflict-reducer you can write.
Common mistakes we see:
- Using generic “custody” terms and skipping Texas terms like conservatorship and possession and access
- Leaving out exchange times, locations, and late rules
- Writing vague holiday language like “split Christmas” with no dates and times
- Ignoring school-day logistics (who picks up, where the handoff happens)
- Assuming “we agreed by text” is enforceable without a signed court order
- Not planning for under-3 schedules and step-up terms
- Skipping virtual visitation, travel notice rules, and reimbursement deadlines
You may read online that parents can “just agree to no child support,” but Texas courts review child support as part of protecting the child’s best interests.⁸
Frequently Asked Questions about how to create a parenting plan in Texas
Parenting Plan Terms and Schedules
What should be included in a parenting plan in Texas?
If you're learning how to create a parenting plan in Texas, include these court-ready sections:
- The names of all children covered by the case
- Conservatorship terms (who has which parental rights and duties)
- A possession and access schedule with exact days, times, and exchange details
- Decision-making rules for major issues (school, medical, activities)
- Support and expense terms (child support, insurance, uncovered medical expenses)
In North Texas courts, the strongest plans read like a calendar and a set of clear rules, not a "good faith" promise. Texas judges focus on the child's best interests (Tex. Fam. Code § 153.002), so details that protect stability matter. We suggest spelling out who decides education, routine medical care, and major medical care, plus how parents share records and updates. For older children, include school logistics, pickups, and activity transportation (think music lessons and team practices). Also include communication rules and a dispute step, so parents have a way to solve problems without constant court filings. Finally, remember the plan matters most when it becomes part of the final order (Tex. Fam. Code § 153.603).
We recommend reading your draft out loud and asking, "Could a stranger follow this on a bad day?" If the answer is no, tighten the times, dates, and duties.
What is the Standard Possession Order (SPO) in Texas for parents within 100 miles?
When learning how to create a parenting plan in Texas, many parents start with the Standard Possession Order (SPO), which is often treated as a default schedule when parents live within 100 miles of each other.
The SPO is commonly the baseline schedule people mean when they say "standard custody." It is also tied to a rebuttable presumption about reasonable minimum parenting time (Tex. Fam. Code § 153.252). In practical terms, it often includes a weekend rotation, weekday time during the school term, alternating holidays, and extended summer possession. Distance matters because schedules can change when parents live more than 100 miles apart. Age matters too because children under three may need a schedule built around developmental needs rather than a standard pattern (Tex. Fam. Code § 153.254). We also remind parents that "standard" does not automatically mean equal parenting time. If you want a different schedule, it needs to be written clearly so the court can enforce it.
Before you accept an SPO schedule, test it against your work hours, school start times, and drive distance. The best plan is the one your child can actually live with week after week.
How can we write an equal parenting time (50/50) schedule that still works in Texas?
If you are deciding how to create a parenting plan in Texas with equal parenting time, use a simple build process:
- Choose a repeatable schedule (2-2-3 or 2-2-5-5 are common).
- Match exchanges to school or daycare handoffs when possible.
- Define who covers transportation and what happens if a parent is late.
- Assign decision rights for major decisions (school, medical, activities).
- Add a backup process for swaps, makeup time, and work conflicts.
In Texas, parents often use "joint custody" to mean 50/50, but the court order focuses on conservatorship and possession and access. A workable 50/50 plan reduces conflict by removing guesswork. We suggest planning around your child's health, emotional support needs, school nights, and the real demands of your jobs. For older children, the schedule should account for school events and activities, plus transportation for practices and lessons. When parents disagree, the court decides based on the child's best interests (Tex. Fam. Code § 153.002), so practical stability helps. A strong approach is to separate "time" from "decision-making" and clearly state who can approve major issues, plus how parents reach agreement.
We suggest "stress-testing" your schedule with a three-month calendar, including one holiday week. If you cannot make it work on paper, it will not work in real life.
What communication rules should we add to minimize conflict and communicate effectively?
When mapping out how to create a parenting plan in Texas, these communication rules help minimize conflict:
- Use one neutral platform (co-parenting app, email, or text) for non-emergencies
- Set a clear response time (example: within 24 hours for non-urgent issues)
- Require notice and sharing of school and medical updates
- Define "virtual visitation" windows for calls
- Add a mediation-first step for major disputes
Many co-parents struggle less with the schedule and more with communication. A structured approach helps parents resolve issues faster, and neutral platforms can reduce misunderstandings because conversations stay organized and less emotional. We also recommend separating "kid logistics" from "conflict topics" so messages do not spiral. If you want electronic contact with the child during the other parent's time, Texas law allows courts to award reasonable electronic communication in some cases (Tex. Fam. Code § 153.015). The plan should also cover emergencies, school notices, and medical updates so no one claims they "didn't know." This is one of the best ways to protect a positive relationship between the child and both parents while keeping adult conflict away from the child.
If communication is already tense, a single platform with clear rules can prevent daily fights. It also creates a clean record if disputes later reach court.
How do child support and uncovered medical expenses fit into a Texas parenting plan?
As you plan how to create a parenting plan in Texas, include these support terms:
- Child support under Texas guideline rules
- Who provides the child's health insurance (medical support)
- How uncovered medical expenses are split and what counts
- Deadlines for reimbursement and required proof (receipts, EOBs)
- Rules for educational costs and agreed extracurriculars
Child support is generally decided under Texas guidelines and placed in the court order (Tex. Fam. Code Ch. 154, including the guideline framework referenced in § 154.125). In many families, the higher earning parent pays guideline support, even when parenting time feels close to equal. Texas courts still review support terms because support is for the child's benefit. We recommend spelling out the process for uninsured or uncovered medical expenses, including how parents share receipts and how fast repayment must happen. If you plan to share costs for tutoring, school fees, or activities like music lessons, write down what requires agreement first, so one parent is not surprised by bills. For initial planning, many parents start with the Texas Attorney General's Office calculator tools, then confirm what applies in their case.
The best support clause is one that tells both parents exactly what to do on the day a bill arrives. Clear deadlines and proof requirements prevent repeat arguments.
Filing, Court Approval, and Paperwork
How do I file a parenting plan in Texas and get court approval?
To understand how to create a parenting plan in Texas that a judge can enforce:
- Pick the right case path (divorce with kids vs. SAPCR for unmarried parents).
- Draft the plan terms using Texas language (conservatorship, possession and access).
- File and serve properly (waiver of service or formal service, depending on trust and safety).
- Resolve disputes through mediation or a hearing if needed.
- Get the judge's signature so the plan becomes an enforceable order.
This is the "two-layer" issue we see all the time: writing the plan is one layer, but using the correct court process is the layer that makes it enforceable. Agreed terms can be approved by the court (Tex. Fam. Code § 153.007), but the parenting plan is also tied to what must appear in final orders (Tex. Fam. Code § 153.603). In Dallas, Collin, Denton, and Tarrant counties, most cases are filed and managed through formal court procedures, and local rules can change how quickly you get a setting. If you are divorcing, the parenting plan usually becomes part of the final decree and related custody orders.
Related: Divorce in North Texas
A plan can look perfect and still fail if service or filing is done incorrectly. If timing is tight, confirm local filing and hearing steps early so you do not lose momentum.
Does a parenting plan have to be notarized in Texas?
How to create a parenting plan in Texas usually does not require notarizing the plan itself, but some related court documents can require notarization, depending on what you file and how your case is handled.
The bigger issue is enforceability: a parenting plan is strongest when it becomes part of a signed court order (Tex. Fam. Code § 153.603). Still, notarization comes up because parents often sign documents like a waiver of service or sworn statements, and those may have specific signing rules. Courts also expect correct signature blocks, dates, and filing steps. We have seen delays when parents file a well-written plan but attach the wrong version of a form, miss a required signature, or sign something incorrectly. If you are signing anything that affects service of process, be careful. A mistake can slow your case or create a fight later about whether proper notice happened. When in doubt, follow the exact form instructions used in your county and confirm whether a notary is needed.
If a document requires notarization, schedule it early so filing does not stall. A simple signing mistake can cost weeks in a contested case.
DIY Parenting Plans and Common Risks
Can we create a parenting plan in Texas without a lawyer, and what risks do people miss?
Yes, many parents try how to create a parenting plan in Texas without a lawyer, but the most common risks are:
- Using vague terms instead of Texas language (conservatorship, possession and access)
- Writing an unenforceable schedule (no exact times, no exchange rules)
- Missing decision-making rules for major decisions (school, medical, activities)
- Underestimating safety issues (family violence, stalking, substance abuse)
- Forgetting how hard modifications can be later (Tex. Fam. Code § 156.101)
Parents can draft custody agreements on their own, especially when they mostly agree. The catch is that courts enforce what is written, not what parents "meant." We often see self-drafted plans that sound cooperative but fall apart when a parent refuses swaps, blocks calls, or argues about medical care. Another risk is failing to plan for real life: travel, school closures, work conflicts, and holidays. If the child's primary residence, a geographic restriction, or relocation is a concern, vague language can create expensive disputes. Finally, once an order is signed, changing it is not automatic. Texas has a modification standard (Tex. Fam. Code § 156.101), so "we changed our minds" is rarely enough by itself. For many families, the most cost-effective step is having a lawyer review the draft before mediation.
Where Can You Verify the Rules and Forms? (Legal Authorities / Endnotes)
Below are the legal authorities referenced by superscript number in the article.
- Tex. Fam. Code § 153.002 (Best interest of the child)
- Tex. Fam. Code § 153.001 (Public policy)
- Tex. Fam. Code § 153.007 (Agreed parenting plan)
- Tex. Fam. Code § 153.603 (Parenting plan required in final order; proposed plan timing)
- Tex. Fam. Code § 153.252 (Rebuttable presumption related to Standard Possession Order)
- Tex. Fam. Code § 153.254 (Possession for child under three)
- Tex. Fam. Code § 153.015 (Electronic communication with child)
- Tex. Fam. Code Chapter 154 (Child support guidelines; see also § 154.125 for guideline percentages)
- Tex. Fam. Code § 156.101 (Grounds for modification of conservatorship/possession orders)
Other trusted sources many Texas parents use:
- Texas Legislature Online (official statute text)
- TexasLawHelp.org (plain-language legal education and forms guidance)
- Texas Office of the Attorney General (child support resources and parenting time education)
- eFileTexas (e-filing information and help)
What Should You Do Next If You Want This Done Right?
A parenting plan works best when it is clear, realistic, and built into a court order a judge signs. If you want help drafting terms that match Texas law and your case path, our attorneys at Warren & Migliaccio can help families in Dallas, Collin, Denton, and Tarrant counties.
We can review your draft for enforceability, help you avoid common mistakes that cause fights later, and guide you through the steps needed to get the plan approved. If your situation involves safety concerns, high conflict, or urgent court deadlines, it is even more important to get legal help early. Call ((888) 584-9614 for a free consultation.
