Child Custody in a Collaborative Divorce: How Colleyville Parents Build a Parenting Plan
Colleyville parents considering divorce often ask whether custody can really be settled without a courtroom fight. In Child Custody in a Collaborative Divorce: How Colleyville Parents Build a Parenting Plan
many cases it can: each parent works with their own attorney to build a parenting plan together, and the final agreement is then submitted to the court for approval. This page explains how that works, and it sits alongside our overview of collaborative divorce in Colleyville.
Can Custody Be Decided in a Collaborative Divorce?
Yes. Custody questions are among the issues parents can resolve collaboratively, together with property division, parenting plans, and child support.
In Texas, child custody is addressed through conservatorship, possession, and access. In a collaborative case, parents negotiate those arrangements directly instead of asking a judge to choose between competing proposals.
The Standard Does Not Change: Your Child's Best Interest
Under Texas Family Code Section 153.002, the child's best interest is the primary consideration in decisions about conservatorship, possession, and access. A collaborative process does not change that standard. It changes who does the problem-solving.
Texas law also includes a rebuttable presumption that appointing both parents as joint managing conservators is in a child's best interest (Section 153.131). That presumption does not apply in every case, and each family's circumstances still matter.
What a Parenting Plan Can Cover
A well-built parenting plan anticipates ordinary life, not just the first few months after the divorce. Parents commonly address:
Who makes decisions about education, health care, and other major issues
The regular possession schedule
Holidays, school breaks, and summer
Exchanges and transportation
Communication between each parent and the child
How future disagreements will be handled
Because the plan is built by the parents, it can reflect real schedules. Families facing frequent travel or military deployment can plan for those realities in advance.
How the Process Works for Parents
Collaborative divorce follows a structured process. For parents, it typically looks like this:
Initial consultation. You discuss your goals and whether collaborative divorce fits your family.
Participation agreement. Both parents and their attorneys sign a legally binding agreement to resolve matters through collaboration rather than litigation.
Negotiation meetings. Parents, attorneys, and possibly other professionals work through parenting, finances, and property.
Final agreement. Once the terms are settled, the agreement is submitted to the court for approval and becomes legally binding.
Because the final agreement goes to a court, it is worth asking your attorney early which court is the proper one for your family.
Why Some Parents Choose This Route for Custody
Privacy. Discussions stay confidential, which helps keep personal family matters out of public court records.
Control. Parents shape the outcome together rather than leaving it to a judge.
Less conflict. The process focuses on cooperation, which can make co-parenting afterward easier.
A child-focused approach. Plans are designed around the long-term well-being of the children.
If you are weighing options, this comparison of mediation and collaborative divorce in Colleyville can help you decide which fits your family.
Custody Is One Piece of the Whole Agreement
Parenting decisions rarely stand alone. Financial support for the children should be settled alongside them, and this guide to child support agreements that work explains how parents plan for it. Parents who own a company should also understand how a business is treated in a Colleyville divorce, and families on the Denton County side can read about collaborative divorce in Denton County.
When Collaborative Divorce May Not Be the Right Fit
This process is not right for every family. It works best when both parents are willing to participate openly and commit to resolving issues through negotiation. If there are safety concerns, including family violence, raise them with an attorney before choosing this route.
After an agreement is in place, a parent may still fail to follow it. In that case, see what happens when a parent violates a child custody order in Texas.
Collaborative Custody FAQs
Do both parents need their own attorney?
Yes. Each spouse is represented by their own attorney throughout the collaborative process.
Is a collaborative parenting agreement legally binding?
Yes. Once the agreement is finalized and submitted to the court for approval, it becomes legally binding.
Do we need to agree on everything before we start?
No. What the process asks for is a signed commitment to resolve the issues through negotiation rather than litigation. The meetings are where parents work through the details.
How long does a collaborative custody agreement take?
Timelines vary with the complexity of the case. Many families resolve matters faster than they would through traditional litigation.
Talk With a Collaborative Divorce Attorney in Colleyville
Kate Smith is a Master Credentialed Collaborative Lawyer with an LL.M. in Dispute Resolution from Pepperdine, and she was recognized in The Best Lawyers in America® 2027 for Collaborative Law: Family Law.
If you are exploring a parenting plan built through collaboration, book a consultation with the Law Office of Kate Smith PLLC to discuss your family's situation.
Call 817-479-0534 to speak with the office.
