How Much Time Will I Have with My Child?

A looming question for parents contemplating separation or divorce is how much time

they will have with their child once everyone is not living under the same roof.

Sometimes, I see a parent who fears losing access to the day-to-day routines they

cherish-helping with homework, getting kids ready for school, or rushing around to

make sure everyone has breakfast before getting out the door in the morning.

Sometimes, I see a parent who is angry and assumes he will be left with very little

meaningful time at all.

If your child is above the age of 3 years old, I can provide you a preview of likely

outcomes, and also discuss my more recent experience with parents who agree to

share time equally.

The Baseline in Texas: The Standard Possession Order

In Texas, Courts start with the presumption that for children above the age of 3 years

old parents should share time with their children pursuant to what is called the

“Standard Possession Order.” A presumption simply means that the law assumes this

schedule is appropriate unless there is a strong reason to do something different.

The Standard Possession Order has been around in substantially the same format for

decades, and it has traditionally looked like one parent has “a majority” of the time, and the other parent has-

• Dinner one night during the week during the school year, ending at 8:00

p.m.; and

• First, third, and fifth weekends of the month, beginning at 6:00 p.m. on

Friday of each weekend and ending at 6:00 p.m. on Sunday evening.

But that shorthand description is inadequate due to somewhat recent legislative updates in Texas that changed the baseline considerably.

Friendly reminder—In Texas, our Legislature writes our Family Code. The Texas

Legislature revisits these laws during Session in the first part of each odd-numbered

year at the State Capitol. If you are interested in how laws are written that impact your

rights to and time with your child, please let know!

The Updated Baseline: The EXPANDED Standard Possession Order

You won’t find the word, “expanded,” in the Family Code, but that is the shorthand term Family Courts and family law attorneys have used for years to refer to the following “expansion” of the baseline Standard Possession Order defined above, which looks like the “non-primary” parent having the following possession during the school year-

• Thursday overnight every week during the school year that begins when

school is dismissed on Thursday and ends when school resumes on

Friday; and

• First, third, and fifth weekends of the month that begin when school is

dismissed on Friday and end when school resumes on Monday.

This “expansion” provides the parent with 6-8 overnight and school mornings per month that the parent previously did not have access to.

This “Expanded” Standard Possession Order is presumed to be the minimum amount

of reasonable time for a parent, which means it is very difficult for the Court to be

persuaded to reduce a parents time beyond what is already provided.

A Recent Trend – 50-50 Parenting Time

I have noticed recently in consultations with potential clients that many parents, even

some in more “high conflict” circumstances, begin the separation and divorce process

assuming they will share possession of their children in some version of a 50-50

schedule.

Equal possession time can absolutely work well for some families, especially when—

• Parents live very close to one another

• Children can move between homes without disrupting school or activities

• Both parents are able to coordinate schedules effectively

• Both parents are able to communicate respectfully and regularly

However, it is important to understand that 50-50 possession is still by no means a

“default,” under Texas law, and is still not popular at the Courthouse. If you and your co-parent do not agree to a 50-50 schedule, then the Court is most likely to implement the “expanded” Standard Possession Order.

Summer & Holidays

The Standard Possession Order also provides that parents—

• Alternate the entire Thanksgiving Break, with one parent having odd-

numbered years, and the other having even-numbered years

• Split and alternate Christmas Break, with one parent having the first

portion in even-numbered years, and the other having the first portion in

odd-numbered years

• Alternate the entire Spring Break, with one parent having odd-numbered

years, and the other having even-numbered years

• Will have extended periods of summer possession

Parenting Time and Child Support

A common misconception is that parents who share time equally will not be required to

pay child support. Wrong.

Even if you are exercising a 50-50 possession schedule, you should prepare for the

likely outcome of one of you paying child support. Most often, Court will continue to

apply the same child support guidelines in the Family Code that require the Obligor

(parent paying child support) to pay the Obligee (parent receiving child support) a set

percentage of the Obligor’s net monthly income and to pay for the child’s health

insurance and dental insurance.

In some 50-50 situations, a Court will calculate the potential child support obligation of

each parent, and then require the parent who earns more to pay the “difference” to the other as child support. However, this is the least likely outcome if you are fighting about child support in Court and you should not expect this to be applied in your case.

It the Court believes that your only interest in a 50-50 possession schedule is because

you don’t want to pay child support, you can be sure the Court will order you to pay child support.

Agreements Reached by Parents

In most cases, parents are able to resolve their Parenting Plan terms, including

possession and support terms, by agreement. Those agreements between parents do

not have to look exactly like the Family Code, but it is vitally important that you

understand all of your rights and the likely outcomes of your case before finalizing any

agreements with your co-parent. In some cases, once the agreement is finalized, you

can’t undo it even to fix an obvious problem.

Every Family’s Situation Is Different

Parenting schedules are rarely, “one-size-fits-all.” Distance between homes, children’s

ages, school schedules, work obligations, and the ability of parents to communicate

effectively can all influence what arrangement works best. The important thing to

remember is that Texas law provides a framework, but within that framework there is

often room for thoughtful planning and negotiated solutions.

Getting Clear Answers Early

If you are facing questions about parenting time, it is helpful to talk with a family law

attorney early in the process. Understanding your legal starting point can help reduce

unnecessary anxiety and allow you to focus on what matters most: creating a stable

and workable plan for your child. While the process will feel overwhelming at first,

having clear information about parenting time is often the first step toward building a

plan that works for everyone involved — especially your child.

If you’re interested in learning more or working with us, please click the “Contact” tab of our website, or call our office to speak with a member of our team.