A parenting schedule that works for an older child may not work as well for a baby or toddler. Young children often rely on regular care and familiar routines. When your child is still very young, a different parenting schedule may work better for now.
Texas law recognizes that difference. For children younger than 3, the court does not simply start with the standard possession order used for older children. Instead, it sets a schedule based on your child’s age and needs. Here, Texas law uses “possession” to mean the time your child spends in each parent’s care.
What the court considers
The court looks closely at how each parent has cared for your child. It considers who provided care before and during the case and how separation from either parent affects your child. The judge also reviews how much contact your child has had with each parent.
Your child’s health and daily routine also matter. The court considers each parent’s availability and the distance between your homes. These details help the judge set parenting time that works for your child at this age.
How the schedule changes with age
Texas law allows the court to increase parenting time in stages. This may work well when your child is very young or has spent little time with one parent. The court can start with shorter visits and add more time as your child gets older.
When your child turns 3, another order takes over. Texas law presumes that the standard possession order will apply at that point. The judge can set different terms if the law and the evidence support another schedule.
Planning around your child’s needs
Consider how your child’s routine fits with the schedule you want to propose. You may want to note who handles daily care, how long trips between homes take and how your child handles handoffs. Keeping those details together can help you explain why a certain schedule works for your child and address a custody issue.