CHILD CUSTODY UNDER AGE OF 3
IN DALLAS, TEXAS
Our Board Certified Dallas, Plano and Frisco divorce lawyers help parents secure custody of young children.
CUSTODY OF YOUNG CHILDREN
Child custody laws look a little different for children under the age of three because the standard possession order (outlines child custody and visitation) does not usually apply until the child is three years old. Because of this, custody arrangements must be negotiated between the parents or applied by the judge. Establishing a parenting plan that is different from the court order is allowed as long as both parents can agree. An attorney or mediator can help the parents create their own plan that’s in the best interest of the young child.
Our Dallas family law lawyers specializes in divorce, child custody, child support, property disputes, and all of the above focus areas. Our team of skilled legal professionals will work closely with you to understand your interests and make sure that you are protected and receive what you are entitled to.
What Texas Courts Must Consider Before Finalizing a Parenting and Visitation Plan
Texas courts must consider the following before finalizing the parenting and visitation plan of a child under the age of 3:
- How the child is going to be affected by separation from either parent.
- Who has previously provided care and/or how much contact between parent and child.
- Availability and willingness to care for the child.
- Ability of the parents to share the rights, duties, and responsibilities of parenthood.
- Child’s physical, medical, and behavioral needs.
- Siblings.
- The influence and effect of others who will be present during periods of possession.
- The child’s established routine.
- The child’s need for healthy relationships.
- How well the parents get along.
- How close or far the parents live from one another.
- Whether or not a transition schedule is needed to help the child adjust.
- Any other evidence for the best interest of the child.
It’s very unlikely that you’ll be able to form your own plan if you go through the Office of the Attorney General. Typically, the order will be a phased-in order. This is implemented by the court when the parents cannot agree, otherwise they can choose a plan that works best for them and the child.
Additional Child Custody Issues
For Young Children
What is a Phased In Child Custody Order?
This is the most common order used for children under three. If there has been little or no contact between the non-custodial parent and the child, most courts begin with a phased-in possession order before transitioning to the standard possession order. This order includes a list of phases, short visitation periods that increase in frequency and duration, and each phase must be completed in its entirety on the scheduled date before moving on to the next phase. Once the non-custodial parent completes all the phases, both parents will have possession of the child in accordance with the standard possession order.
When the child has been spending most of their time with one parent, it can be hard to form a bond and learn to trust the other parent. This is why the phased-in order is the most popular among courts. It allows the child to build a relationship and feel comfortable with the other parent when in their care.
Child Custody Issues and Breastfeeding
While it can be more complicated than a standard child custody case, shared custody while breastfeeding is possible. There are a wide range of custody and visitation agreements, if both parents are able to agree, that can accommodate the child’s nursing schedule. There are other options though, such as the father feeding the child with the mother’s expressed (pumped) milk or transitioning the child to formula. Courts do not use breastfeeding as a reason to try to stop the father from spending time with and bonding with the child.
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