How Does Texas Determine Possession for Young Children?

Parents of infants and toddlers frequently ask whether the Texas Standard Possession Order applies to very young children.

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Generally, it does not.

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The Standard Possession Order is presumed to be in the best interest of children who are three years of age or older. See Tex. Fam. Code § 153.252. For children under the age of three, the Legislature recognized that no single possession schedule is appropriate for every child.

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Accordingly, Texas Family Code § 153.254 directs the court to enter a possession order that is appropriate under the particular facts and developmental needs of the child.

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There is no statutory presumption for infants and toddlers comparable to the Standard Possession Order that applies after the child reaches three years of age.

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The Court Wants Young Children to Have Frequent Contact With Both Parents

Although there is no presumptive schedule for children under three, Texas public policy remains the same.
 

Texas Family Code § 153.001 provides that it is the public policy of this state to assure that children have frequent and continuing contact with parents who have demonstrated the ability to act in the child’s best interest.
 

As a result, courts generally try to structure schedules that allow young children to develop meaningful relationships with both parents while also recognizing the unique developmental needs of infants and toddlers.
 

The objective is not simply to divide time equally. The objective is to promote healthy attachment, stability, and consistency during a critical stage of development.
 

The Primary Caregiver Often Has More Parenting Time

In many cases involving infants, one parent has historically served as the child’s primary caregiver.
 

That parent may have been responsible for most feeding, nighttime care, medical appointments, bathing, daycare arrangements, and the child’s daily routine. When a child is very young, courts often conclude that maintaining continuity with the primary caregiver promotes stability during the pendency of the case.
 

This does not mean the other parent is unimportant or should receive only minimal possession.
 

Instead, courts frequently attempt to balance two important goals: preserving the child’s primary attachment while ensuring that the other parent has regular and meaningful opportunities to develop a strong relationship with the child.
 

As the child matures, possession schedules are often expanded to reflect the child’s changing developmental needs.
 

Frequent Visits Are Often Better Than Long Absences

For infants and very young toddlers, courts frequently favor more frequent periods of possession rather than long stretches away from either parent.
 

Young children generally experience time differently than older children. A week apart may represent a substantial portion of an infant’s life and may interfere with the development of secure attachments if one parent has very limited contact.
 

For that reason, possession schedules for younger children often involve shorter but more frequent periods of parenting time. Overnight visitation may also be addressed differently depending upon the child’s age, developmental stage, feeding schedule, medical needs, and the history of each parent’s involvement.
 

There is no schedule that is appropriate for every family.
 

Breastfeeding May Be One Consideration

When a child is breastfeeding, the court may consider that fact as part of its overall best-interest analysis.
 

Breastfeeding alone does not determine conservatorship or permanently restrict the other parent’s possession. However, depending upon the child’s age, feeding schedule, and the availability of expressed milk, the court may tailor a temporary possession schedule that accommodates the child’s nutritional needs while still promoting a meaningful relationship with both parents.
 

As the child’s needs change, the possession schedule can often be expanded.
 

The Court Considers Many Factors

Under Texas Family Code § 153.254, the court may consider numerous factors when establishing possession for a child under three years of age.
 

Those considerations commonly include the caregiving history of each parent, the child’s age and developmental needs, the effect of separation from either parent, the parents’ work schedules, the geographic distance between their residences, each parent’s ability to care for the child independently, and any other factor affecting the child’s best interest.
 

The analysis is highly fact-specific because infants and toddlers have significantly different developmental needs than school-aged children.
 

Temporary Schedules Often Change

Parents should understand that a possession schedule for a one-year-old may not remain appropriate when the child reaches preschool or elementary school.
 

It is common for possession schedules involving infants to gradually expand as the child grows older. Increased overnight possession, longer weekend periods, and eventually a Standard or Expanded Standard Possession Order may become appropriate as the child’s developmental needs evolve.
 

The goal is to establish a parenting schedule that grows with the child rather than treating infancy and adolescence as requiring the same arrangement.
 

Equal Time Is Not Always the Starting Point

Parents often ask whether they should request a true 50/50 possession schedule immediately after separation.
 

For very young children, the better question is usually not whether each parent receives exactly the same number of hours, but whether the proposed schedule promotes healthy attachment, stability, and frequent contact with both parents.
 

In some families, an equal schedule may be entirely appropriate. In others, a gradual progression better serves the child’s developmental needs. The court evaluates each family individually rather than applying a single formula to every child under three.
 

Fergus & Tomanka Helps Parents Develop Age-Appropriate Parenting Plans

Developing a possession schedule for an infant or toddler requires careful consideration of the child’s developmental needs, each parent’s caregiving history, and the practical realities of raising a very young child in two households. Because there is no presumptive possession schedule for children under three years of age, these cases often require thoughtful planning and individualized solutions.
 

At Fergus & Tomanka, we represent parents throughout Central Texas in divorce, SAPCR, modification, and temporary orders proceedings involving infants, toddlers, and young children. We work with our clients to develop parenting plans that comply with the Texas Family Code while promoting strong relationships between children and both parents as they grow.