Understanding Custody Rights for Children Under Age 3 in Texas

In Texas, child custody and visitation rights—referred to as conservatorship and possession—are determined based on the best interest of the child. When the child is under the age of three, the court will consider different factors when determining visitation.

Texas courts recognizes that infants and toddlers have different developmental needs than older children. Because of this, judges may create a customized possession schedule that gradually builds the non-primary parent’s time, especially if the child is still nursing or has never been away from the primary caregiver for extended periods.

Under Texas Family Code § 153.254, courts consider several factors when creating a schedule for children under three, including:

1. the caregiving provided to the child before and during the current suit;
2. the effect on the child that may result from separation from either party;
3. the availability of the parties as caregivers and the willingness of the parties to personally care for the child;
4. the physical, medical, behavioral, and developmental needs of the child;
5. the physical, medical, emotional, economic, and social conditions of the parties;
6. the impact and influence of individuals, other than the parties, who will be present during periods of possession;
7. the presence of siblings during periods of possession;
8. the child’s need to develop healthy attachments to both parents;
9. the child’s need for continuity of routine;
10.  the location and proximity of the residences of the parties….

Importantly, both mothers and fathers have equal rights under the law. However, in practice, a judge may initially limit overnights or long periods of separation from the primary caregiver—often the mother—until the child is older or more bonded with both parents.

If you’re a parent of a child under three, it’s critical to understand how the law works and to prepare for a parenting plan that can evolve over time.

Our firm helps parents navigate these sensitive issues with a focus on stability and long-term parenting success. We serve Hays, Travis, Bastrop, and Williamson Counties.

Our consultations are free and confidential.