Question:  Does the Standard Possession Schedule apply to children under the age of three?

Answer:   The presumption is in favor of unsupervised time between parents and children, regardless of the age of the child. Dad needs to have bonding time with the child, too. The Texas Family code sets out a standard visitation schedule presumed in the best interest of children at age three. Many courts use it for younger children. The Standard Possession Schedule is a comprehensive January through December schedule involving first, third and fifth weekends, alternating holidays and extended time in the summer for the visiting parent. The whole schedule is set out in Texas Family Code sections 153.311-153.317.

On the other hand, some courts have their own policy when it comes to infant children, opting for shorter times with the visiting parent to accommodate breast-feeding, for example. These schedules usually contemplate the first, third and fifth weekends, and alternating holidays, with weekends defined as Saturday overnight instead of the standard Friday to Sunday weekend. There has been much debate on this issue because under an abbreviated schedule the visiting parent is at a severe disadvantage to bond appropriately with the child. This is also a downside for the child.