Parenting Plan
Definition: A parenting plan is the portion of a Texas final custody order, defined in Family Code § 153.601(4) and required by § 153.603, that sets out conservatorship rights and duties, the possession schedule, child support, and how the parents will resolve future disputes.
Also called: custody order, possession and access order, co-parenting plan
What a parenting plan means in Texas
A parenting plan is defined in Texas Family Code § 153.601(4) as the provisions of a final court order that set out rights and duties of a parent appointed as a conservator, provide for periods of possession of and access to the child, provide for child support, and optimize the development of a close and continuing relationship between each parent and the child. In plain terms, it is the part of a decree or SAPCR order that governs how the parents will raise the child after the case ends.
Section 153.603 makes the plan mandatory. A final order in a suit affecting the parent-child relationship must include a parenting plan that establishes the rights and duties of each conservator, provides for a possession schedule, provides for child support, and includes a dispute resolution process to minimize future court involvement.
How it works in practice
Most Texas decrees do not use the words parenting plan as a heading. The plan is spread across the conservatorship section, which lists each parent’s rights under §§ 153.073 and 153.074 and allocates the exclusive rights; the possession and access section, which usually adopts a standard possession order or an agreed schedule; the child support section; and a paragraph requiring mediation or another process before either parent files a modification.
Parents who reach agreement can submit an agreed parenting plan, and § 153.007 directs the court to approve it if it is in the child’s best interest. If the parents cannot agree, § 153.603 lets the court order them to attempt mediation or counseling first, after which the court writes the plan itself based on the evidence. Temporary orders issued earlier in the case are not parenting plans; the statute applies only to final orders.
Why it matters in your case
The parenting plan is what you will live with for years. Every exchange time, every holiday, every school enrollment decision traces back to its wording. Detailed plans reduce conflict because they answer questions before they arise. Vague plans send parents back to court. We draft plans that address the predictable friction points, such as exchange locations and travel notice, so that the dispute resolution clause rarely gets used.
Frequently asked questions
Do Texas courts require a written parenting plan in every custody case?
Yes, in every final order. Section 153.603 requires the final order in a SAPCR to contain a parenting plan covering conservatorship, possession, support, and dispute resolution. The plan is built into the decree rather than filed as a separate document. Temporary orders entered while the case is pending do not have to meet the parenting plan requirements.
Can parents write their own parenting plan in Texas?
Yes. Parents may submit an agreed parenting plan, and under § 153.007 the court must approve it if it finds the plan is in the child's best interest. Judges rarely reject agreed plans negotiated with counsel. The agreement is then entered as part of the final order and is enforceable like any other court order.
What should a parenting plan include beyond the possession schedule?
The allocation of exclusive, joint, and independent rights, especially residence, education, and medical decisions; child support and medical support terms; a geographic restriction or a statement that there is none; exchange logistics; travel and passport rules; and the dispute resolution step both parents must take before filing a modification.
Cite or link to this definition
This glossary is free to cite. Please link to the page rather than copying the full entry, and send corrections to SMB Law, PC.
Citation
"Parenting Plan." Texas Legal Glossary, SMB Law, PC, law-smb.com/legal-glossary/parenting-plan/. Updated October 2026.Link HTML
<a href="https://law-smb.com/legal-glossary/parenting-plan/">parenting plan (Texas)</a>Talk to an Austin family law attorney
Questions about how parenting plan applies to your divorce or custody case? Call (512) 561-5003 or request a free consultation. SMB Law, PC has handled Travis, Williamson and Hays County family cases since 2010.
This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.