Possession Schedules for Children under Three – When Standard Possession is no longer standard
Possession Schedules for Children Under Three in Texas
In the realm of family law, few things are as delicate and crucial as determining possession schedules for infants and toddlers. In Texas, like in many states, these schedules are meticulously designed to prioritize the best interests of the child while considering the unique needs of very young children and their parents.
Understanding Possession Schedules
In Texas, possession schedules for infants under the age of three are distinct from those for older children. The Texas Family Code itself expressly states that the presumptions of the Standard Possession Order do not apply to children under the age of three years. This differentiation recognizes the developmental needs and attachment requirements of infants and toddlers, which differ significantly from those of older children.
Standard Possession Order
The Texas Family Code provides a default possession schedule known as the Standard Possession Order. However, this schedule is not typically applied to children under three due to their need for frequent contact with both parents to establish and maintain a secure attachment.
Infant Possession Schedule
For children under three years old, the Texas Family Code does not specify a specific possession schedule for children under the age of three, but delineates a list of factors for the Court’s to consider when rendering a possession schedule that is appropriate for a child under the age of three. Judges usually seek to order a possession schedule that promotes frequent and continuing contact with both parents while considering the child’s developmental stage. This schedule often involves shorter (sometimes few or no overnights) but more frequent visits with the non-primary parent.
Key Considerations
- Attachment and Bonding: Children under three require consistent and frequent contact with their primary caregiver to develop secure attachments. Therefore, possession schedules for children under three prioritize maintaining the primary caregiver’s role while gradually introducing more extended periods with the non-primary parent.
- Developmental Needs: Children under three have distinct developmental needs, including feeding schedules, napping routines, and sensitivity to changes in environment and caregivers. The possession schedule should be structured to minimize disruptions to these routines.
- Parental Involvement: Both parents are encouraged to actively participate in caregiving activities during their possession periods to foster a strong bond with the child.
- Flexibility: Courts often emphasize the importance of flexibility in these schedules, recognizing that the needs of infants and toddlers can change rapidly. Parents are encouraged to communicate openly and adjust schedules as necessary to meet the child’s best interests.
Conclusion
Navigating possession schedules for children under three in Texas requires a thoughtful approach that prioritizes the child’s well-being above all else. By understanding the developmental needs of infants and toddlers, respecting the roles of both parents, and maintaining flexibility, families can create a nurturing environment that supports the healthy growth and development of their youngest members. Ultimately, the goal is to ensure that every child has the opportunity to build strong, loving relationships with both parents, laying a foundation for their future well-being and happiness. When parents cannot agree on such a schedule, it’s important to have an attorney who knows both the law and the science behind possession schedules for children under three, as well as each county’s and each judge’s predispositions in crafting schedules and making possession orders to accommodate young children’s needs.