Dallas-Fort Worth Lawyer for Creating & Changing Parenting Plans

Drafting and Modifying Parenting Plans: Legal Requirements, Common Misconceptions, and Filing for Custody in Texas

When navigating family law issues in Texas, one of the most essential aspects is drafting and modifying parenting plans. Whether you are going through a divorce, separation, or just need to make adjustments to an existing plan, it’s important to understand the legal requirements, common misconceptions, and the process for filing a Suit Affecting the Parent-Child Relationship (SAPCR).

At Shemesh Family Law, our Dallas-Fort worth parenting plan lawyers  are dedicated to helping Texas families develop fair, effective, and legally sound parenting plans that prioritize the well-being of children. Let’s break down what you need to know.

Our Dallas-Fort Worth divorce lawyers assist clients with creating and changing parenting plans throughout the Dallas-Fort Worth metro area, including residents of Dallas County, Collin County, Tarrant County, Rockwall County, Denton County and Hunt County. Contact our parenting plan law firm for questions about creating a parenting plan, adjusting parenting time, or changing a parenting plan after divorce.

Legal Requirements for Parenting Plans in Texas

In Texas, a parenting plan is a written agreement or court order that outlines how parents will share the responsibilities of raising their child after a divorce or separation. The key legal requirements for a parenting plan include:

1. Child’s Best Interests: The court will always make decisions based on the best interests of the child. This includes the child’s emotional, physical, and developmental needs, as well as ensuring that the child’s relationship with both parents is nurtured.
2. Specific Terms: A valid parenting plan must include clear details on:
   1. Custody arrangements: Whether the parents will share legal and physical custody (joint custody) or if one parent will have sole custody.
   2. Visitation: The parenting plan should outline the visitation schedule for the non-custodial parent, including holidays, weekends, vacations, and other special occasions.
   3. Decision-Making Authority: The plan must specify who has the authority to make major decisions about the child’s life, such as education, medical care, and religious upbringing.
   4. Child Support: The plan should address child support obligations, including how much the paying parent will contribute, and any other financial responsibilities related to the child’s care.
3. Enforceability: Once the court approves a parenting plan, it becomes a legally enforceable document. If one parent violates the terms, the other parent can request enforcement through the court system.

Common Misconceptions About Parenting Plans

Many parents have misunderstandings about what a parenting plan can or should include. Here are some of the most common misconceptions:

• “A parenting plan must be split 50/50.”

While many parents aim for a 50/50 custody arrangement, the court’s decision will depend on the child’s best interests, not a strict equal division of time. In some cases, one parent may have more time with the child, or a different arrangement might better serve the child’s needs.

• “The parent who stays home with the child automatically gets custody.”

The fact that one parent stays home with the child doesn’t guarantee that parent will get primary custody. Texas courts evaluate many factors, including the ability of both parents to provide for the child, to determine what is best for the child’s well-being.

• “Once a parenting plan is in place, it can’t be changed.”

Parenting plans can be modified if circumstances change. If one parent’s situation changes (for example, if they move to a new city or if the child’s needs evolve), the plan can be revised through a court petition.

Who Can and Cannot File for Custody of Children?

Under Texas law, parents are typically the individuals who have the right to file for custody of their children. However, others can file for custody in certain situations. Here’s a breakdown:

Who Can File for Custody?

• Parents: Either or both biological or adoptive parents have the legal right to file for custody of their children.
• Grandparents: In some cases, grandparents can file for custody or visitation if they have had significant involvement in the child’s life, or if the parents are deemed unfit (due to abuse, neglect, or other factors). A grandparent must show a compelling reason why they should have custody over the biological parents.
• Others with a “significant” relationship: Texas law allows certain individuals, such as stepparents or other relatives, to file for custody if they have had a significant relationship with the child and it’s in the child’s best interests to live with them.

Who Cannot File for Custody?

• Non-relatives without significant relationship: If you are not a biological parent, grandparent, or someone with a significant relationship with the child, you typically do not have standing to file for custody. Non-relatives may only intervene if there is proof of abuse or neglect.

Steps in Filing for an Original SAPCR (Suit Affecting the Parent-Child Relationship)

A Suit Affecting the Parent-Child Relationship (SAPCR) is the legal process through which parents or other parties request custody and visitation arrangements for a child. If you need to file a SAPCR in Texas, here are the basic steps:

1. Prepare Your Petition: The first step is to file a petition with the court. This petition will include important information such as:
   1. The names of the parents and children involved.
   2. The legal issues you are requesting the court to resolve, such as custody, visitation, and child support.
   3. The proposed parenting plan (or if you’re seeking to modify an existing one).
2. File the Petition: The petition must be filed with the appropriate family court in the county where the child resides. Be sure to pay the required filing fees.
3. Serve the Other Parent: After filing, the other parent must be formally notified (served) of the legal proceedings. This is typically done by a process server or through certified mail.
4. Attend Mediation: Texas courts often require parents to attend mediation before a custody hearing. Mediation helps parents resolve disputes and reach an agreement without the need for a trial.
5. Court Hearing: If mediation is unsuccessful, the case may go to trial. A judge will hear evidence, consider the best interests of the child, and make a final ruling on custody, visitation, and other matters.
6. Final Decree: After the hearing, the judge will issue a final order, which will become the official parenting plan. If necessary, the order can be modified in the future if circumstances change.

Final Thoughts on Creating & Changing Parenting Plans/Agreements & Parenting Time

Creating a parenting plan and modifying a parenting time agreement is a critical part of ensuring that your child’s well-being remains at the forefront during and after a separation or divorce. It’s important to approach this process with clarity and understanding of the legal requirements. At Shemesh Family Law, our Dallas-Fort Worth parenting plan lawyers are here to provide guidance, representation, and support every step of the way.

If you’re considering filing a SAPCR or need help modifying your existing parenting plan, don’t hesitate to reach out to our office. Our experienced Dallas County family law attorneys will work with you to protect your rights and help you achieve a custody arrangement that serves the best interests of your child.