What should be the parenting plan for children under 3?

You’ve heard of the “Standard Possession Order” or SPO.  But, you were told that this typically is better for children ages 3 and over.  So what will the Court do for children who are younger than 3 years of age? 

If you are a parent of a young child, you understand that young children (especially those under the age of 3) may require more flexibility. Sometimes that means that overnights with the other parent may be difficult due to feeding.  Perhaps there is a separation anxiety that needs to be dealt with before the child is old enough.  There may even be medical conditions that need to be considered in scheduling parenting time.  Even children of the same household may have different needs and schedules from their siblings at a young age.  

Therefore, it is understandable that a “one size fits all” approach may not be in the child’s best interest. 

So, what does the Court do with young children? How does the Court decide what to use for parenting time before the child turns 3 years old? 

Under Texas Family Code §Sec. 153.254, the court looks at a list of 13 factors and takes them into consideration when making decisions regarding parenting time for children under age 3.  These factors include:

(1)  the caregiving provided to the child before and during the current suit;

(2)  the effect on the child that may result from separation from either party;

(3)  the availability of the parties as caregivers and the willingness of the parties to personally care for the child;

(4)  the physical, medical, behavioral, and developmental needs of the child;

(5)  the physical, medical, emotional, economic, and social conditions of the parties;

(6)  the impact and influence of individuals, other than the parties, who will be present during periods of possession;

(7)  the presence of siblings during periods of possession;

(8)  the child's need to develop healthy attachments to both parents;

(9)  the child's need for continuity of routine;

(10)  the location and proximity of the residences of the parties;

(11)  the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order based on:

(A)  the age of the child; or

(B)  minimal or inconsistent contact with the child by a party;

(12)  the ability of the parties to share in the responsibilities, rights, and duties of parenting; and

(13)  any other evidence of the best interest of the child.

As you can see, the list is extensive.  

Therefore, when you approach the Court regarding your position on parenting time, or even if you are trying to come up with a parenting plan for your child, you should consider these same factors.  You should also gather evidence to support your reasonings.  

There are also other creative ways to make parenting time more comfortable for everyone and the children.  

If you are a parent of a young child going through a custody battle, you should first speak with an experienced family law attorney.  This type of litigation is not always simple and straightforward.  It requires legal argument and analysis.  Therefore, it is more helpful if you get the help of an attorney to get through the process. 

The content provided in this blog is for informational purposes only.  This is not legal advice, and your viewing of this blog does not form any attorney-client relationship. 

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