Parenting Time in Texas Child Support Cases

• Date: 01 April 2015
• Published date: 01 April 2015
• Author: Alicia G. Key
• DOI: http://doi.org/10.1111/fcre.12143

PARENTING TIME IN TEXAS CHILD SUPPORT CASES1

Alicia G. Key

The Texas Title IV-D child support agency has, on a universal basis, included parenting plans in its child support orders

for the last thirty years. While most state child support agencies are just beginning to consider the idea of parenting

time orders, Texas has successfully navigated federal regulations and federal funding limitations to ensure that parenting

time is made available, as fairly and safely as possible. This article explains how this achievement has been possible,

with the existence in Texas law of a standard possession order and a set of simple child support guidelines. It also discusses

a variety of innovative and collaborative activities to inform and educate the public about the availability of these services.

Keypoints for the Family Court Community:

• It is possible for a state child support enforcement agency to obtain child support orders that routinely include

parenting time provisions for the nonresident parent.

• The inclusion of parenting time in all orders can be accomplished effectively and safely inTexas due to strong public

policy, supportive legislation, and agency practices that are innovative and collaborative.

Keywords: Child Support;Domestic Violence;Parent–Child Relationship;ParentingTime;and Visitation

INTRODUCTION

The Texas Family Code requires that a final order that stems from a suit affecting a parent–child

relationship must include a “parenting plan,” setting out the rights and duties of the parents, providing

for periods of possession of and access to the child, providing for child support, and “optimizing the

development of a close and continuing relationship between each parent and the child.”2This is true

regardless of whether the order arises from a privatedivorce, an action to establish parentage of a child

born outside a marital relationship, or the establishment of a child support order in a case being

brought by the state’s child support enforcement agency. Orders for the payment of child support and

those providing access to a child are equally enforceable by the contempt power of the court.

Unlike other states, Texas law also provides a statutory “standard possession order” that is

rebuttably presumed to provide to a noncustodial parent the reasonableminimum amount of time with

his or her child, and be in the best interest of the child.3

This paper will (1) present a brief history of the development of the public policy supporting

visitation rights for all parents and the creation of a “standard possession order,”(2) describe the efforts

of the Texas Title IV-D child support agency (part of the Office of theAttorney General) to ensure that

all parents are provided parenting time with their children, as fairlyand as safely as possible, (3) explain

how the Texas agency has navigated federal regulations and federal funding limitations to make

universal parenting time a reality,(4) consider why the vast majority of states do not include parenting

plans in child support orders, and (5) describehow the Texas Office of Attorney General (OAG) has

managed on a universal basis to include parenting plans in its orders for the last 30 years.

THE DEVELOPMENT OF PUBLIC POLICY SUPPORTING VISITATION RIGHTS FOR

ALL PARENTS4

TEXAS PUBLIC POLICY AND THE FAMILY CODE

Underlying the requirement for specific provisions in every order regarding “possession and

access” to children (sometimes referred to as custody and visitation or parenting time), is a strong

FAMILY COURT REVIEW,Vol. 53 No. 2, April 2015 258–266

© 2015 Association of Familyand Conciliation Cour ts