Information on Children
Please discuss with the Attorney privately and as soon as possible.
Custody of the Children
The Texas Family Code allocates the rights and duties of parents and parents may likewise enter into an agreed “parenting plan” which allocates these rights and duties between them by agreement. These decisions may be made “jointly” by agreement between the parents, “exclusively” by one parent with or without first consulting the other parent, or “independently” meaning each parent may independently make these decisions.
How to fill out the form
Indicate the parent in charge of the decision
M for Mom
D for Dad
Indicate the decision type
J decisions to be made jointly and by agreement between the parents
E decisions to be made exclusively by one parent
I decisions to be made independently by either parent
C parents are required to consult the other parent in advance
No C parents are not required to consult the other parent in advance
Tie breaker “tie breaker”, meaning the parent indicated, M or D, has the ultimate right e
Note: Unless agreed to otherwise, both parents have the right, per the Texas Family Code, to make decisions in the event of an emergency related to the Child that does not involve invasive surgical treatment.
Possession and Access for the Children
Holidays & Summer
Holidays are generally “split” in the Texas Family Code. Under the standard Holiday schedule, parents who reside within 100 miles of eachother split the Christmas Holiday alternating in each year which parent has the first part of Christmas and the latter part of Christmas. The parent who has the latter part of the Christmas Holiday gets the Children for the Thanksgiving holiday and the parents will alternate Spring Break.
For parents within 100 miles, Summer is typically 30 days in the month of July or can be broken up as designated by that parent who has the extended Summer possession time. However, the Thursday periods of possession generally do not occur during the Summer but the weekend schedule continues. During the Summer period of possession, the parent without the extended Summer possession has the right to “block out” one weekend during the extended summer possession and one weekend outside of the extended summer possession.
If parents live over 100 miles apart, the difference is that this parent would have every Spring Break Holiday and Summer possession is extended to 42 days rather than 30.
However, in an Agreed Divorce, parents can choose a parenting plan for holidays that they believe works best for them and that is in the best interest of their Children.
The following are options that are not “standard” in the Holiday section of the Texas Family Code, but are options which I have seen parents include in their parenting plans in Agreed Divorces. If the box is “checked” it tells the Attorney you want to include a provision related to that Holiday:
Note: While it’s not “standard” in the Family Code, the standard provision here on a parent’s birthday is similar to that of the Child’s birthday that the parent then not otherwise entitled to possession on the day of the parent’s actual birthday would have the right to a visitation from 6:00 pm – 8:00 pm on the actual day of the parent’s birthday, provided the parent picks up the kiddo from the other parent’s location and returns the Child to the parent’s location.
Note: If this is an issue, there are many options related to extra-curricular activities and you may need to discuss with the Attorney. Generally, most Agreed Divorces provide that parents will first attempt to agree on extra-curricular activities and, if agreed, the parents split the costs of such activity. In our general experience, most Agreed Divorces include a provision that allow each parent to sign the Child up for 1 extra-curricular activity at a time which may or may not occur on the other parent’s time. Our language generally gives preference to activities the Child has been involved or is expressing an interest and both parents are required to confer with the other in advance to allow discussion and planning. If it is agreed, the parents split the costs and, if not, the enrolling parent pays all costs but the parents publish the schedule and share transportation regardless whether it is the extra-curricular activity preferred by the parent then in possession or visitation with the kiddo. However, this like all other parts of a parenting plan in an Agreed Divorce is to be discussed and agreed upon by the parents in accordance to what they believe is in the best interest of their kiddo.
SAMPLE PROVISION RE: Extracurricular Activities
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that each party shall have the right to enroll the child in no more than (1) extra-curricular activity at a time provided such activity does not impinge on the other party’s period or periods of possession of the child. By way of clarification, unless otherwise expressly agreed and signed by both parties, the child shall not be enrolled in any more than a total of two (2) extra-curricular activities at a time, with each party authorized to enroll the child in one (1) activity at a time subject to the terms and conditions set forth herein.
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that if a child is unilaterally enrolled into an extracurricular activity, then, absent a written agreement from the other party to share the cost of the activity, the enrolling party will be solely responsible for all costs and transportation associated with the activity.
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that neither party shall enroll the child the subject of this suit in an extracurricular activity that impinges or interferes with the other party’s period or periods of possession of the child without the express written agreement of the other party. In the event the child is enrolled in an extracurricular activity that has been agreed upon by the parties, the parties stipulate, agree, and
IT IS FURTHER ORDERED AND DECREED the parties shall equally share and be responsible for the costs associated with the agreed upon extracurricular activity.
IT IS FURTHER ORDERED AND DECREED the parties agree to provide transportation to and from the activities, practices or other events conducted as part of the agreed upon extracurricular activity. In the event a party is unable to transport the child on a particular day, that party shall contact and notify the non-possessory party to see if appropriate arrangements can be made for the child to attend.
Note: For example, who will pay travel expenses? Who will accompany the children? Are there any particular restrictions on the type of travel such as no commercial bus or non-stop flights?
Electronic and Telephone Contact with Children
Geographical Restriction for the Children’s Primary Residence