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.
Texas courts must consider the following before finalizing the parenting and visitation plan of a child under the age of 3:
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.
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.
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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