The Texas legislature has declined to provide a set schedule for children under 3 years of age, instead the Texas legislature has provided us with a list of factors the court should take into account when determining a possession schedule for a child less than 3 years old.

The court considers evidence of all relevant factors, including:

  • who previously provided care and/or the amount of contact between parents and child
  • how the child will be affected by separation from either party
  • availability and willingness of parents to personally care for the young child
  • ability of the parties to share in the responsibilities, rights, and duties of parenting
  • child’s physical, medical, behavioral, and developmental needs
  • the impact and influence of individuals, other than the parties, who will be present during periods of possession
  • siblings
  • child’s former routine
  • child’s need for healthy attachments
  • how close or far apart the parents live (the geographic distance between parents)
  • how well the parents get along
  • whether a transition schedule is needed to help the child adjust
  • any other evidence of the best interests of the child

These things will be what the court looks at in making a decision regarding possession for a child less than 3. It is important to present evidence that gives the court as much information as possible about these factors.

Call Yale Law Group at (940) 891-4800, we can help.