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- 1). Determine what type of legal custody is appropriate. Under Texas law, a parent with legal and physical custody is referred to as the "managing conservator." In the case of a divorcing couple who is able to cooperate on decisions regarding the economic and educational well-being of a child, a judge will opt to appoint both parents as joint managing conservators. However, a parent cannot be appointed as a managing conservator (either sole or joint) if that parent has engaged in neglect of a child or physical or sexual abuse directed against a spouse or child. Joint managing conservatorship is also not appropriate for parents who are unable to cooperate on decisions about the child.
- 2). Determine if visitation is appropriate. A parent not appointed as a managing conservator may receive visitation rights. Under Texas law, a parent only granted visitation rights is known as the "possessory conservator." A parent that is not appointed as a managing conservator may be appointed as a possessory conservator in Texas unless appointment as possessory conservator is not in the best interest of the child. Typically, appointing a parent as possessory conservator is not in the best interest of the child if that parent has engaged in violence against a child or spouse. However, a court may still appoint an abusive parent as possessory conservator if the court believes that this would not endanger the child's physical or emotional health and that the visitation is a supervised visitation that takes place in a protective setting. If a possessory conservator has not engaged in a pattern of abuse against the child, Texas law provides a default period of visitation of roughly equal time to the managing conservator that may be applied if it is in the best interest of the child.
- 3). Formulate a parenting plan. For acceptance by a Texas divorce court, a parenting plan must specify the managing conservator and possessory conservator (if appropriate) for the marital children. The parenting plan also must designate a primary residence for marital children and a geographic area where the child will stay. The parenting plan also must state specifically the obligations of each spouse to provide for the physical care, support and education of marital children and to minimize disruption of the education, routine and association with friends of marital children.
- 4). Fill out and submit a court order setting forth the settlement agreement. The clerk of court of the Texas court where your divorce is filed will generally maintain parenting plan forms. Fill out the form specifying the terms of your parental plan and submit it to the clerk of court.
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