Who is obligated to pay for daycare when my child is visiting the other parent?

Full question:

I live in Dallas Texas and recently took my daughters father to court to get his periods of possession and child support order in writing. I was granted exclusive rights to my daughter's education. But the father says that he can take her out of her daycare during his period of possession and not pay to hold her spot. Example, next week which is is Christmas period if possession. Is daycare considered education if the name of the daycare is a private school and is he required to pay for daycare during his periods of possessions (spring break, summer, 10 days in December)?

• Category: Divorce
• Subcategory: Visitation
• Date: 04/07/2025
• State: Texas

Answer:

The answer to your question will depend on the terms of your possession order and/or any applicable parenting plan. You should review both of these carefully to determine your husband’s rights and obligations regarding daycare during his possession time. You may need to participate in an alternative dispute resolution process (mediation or arbitration) and/or meet with a parenting coordinator, depending on the terms and procedures set forth in the possession order and/or parenting plan. The court will make any decisions relating to parenting time/custody based on the best interests of the children.

The following are Texas statutes:

§ 153.002 FAM. FAM. Best Interest of Child

The best interest of the child shall always be the primary
consideration of the court in determining the issues of conservatorship
and possession of and access to the child.

§ 153.005 FAM. FAM. Appointment of Sole or Joint Managing
Conservator

(a) In a suit, the court may appoint a sole managing conservator or may
appoint joint managing conservators. If the parents are or will be
separated, the court shall appoint at least one managing conservator.

(b) A managing conservator must be a parent, a competent adult,
an authorized agency, or a licensed child-placing agency.

§ 153.006 FAM. Appointment of Possessory Conservator

(a) If a managing conservator is appointed, the court may appoint one
or more possessory conservators.

(b) The court shall specify the rights and duties of a person appointed
possessory conservator.

(c) The court shall specify and expressly state in the order the times
and conditions for possession of or access to the child, unless a party
shows good cause why specific orders would not be in the best interest of
the child.

§ 153.007 FAM. Agreed Parenting Plan

(a) To promote the amicable settlement of disputes between the parties
to a suit, the parties may enter into a written agreed parenting plan
containing provisions for conservatorship and possession of the child and
for modification of the parenting plan, including variations from the
standard possession order.

(b) If the court finds that the agreed parenting plan is in the child's
best interest, the court shall render an order in accordance with the
parenting plan.

(c) Terms of the agreed parenting plan contained in the order or
incorporated by reference regarding conservatorship or support of or
access to a child in an order may be enforced by all remedies available
for enforcement of a judgment, including contempt, but are not
enforceable as a contract.

(d) If the court finds the agreed parenting plan is not in the child's
best interest, the court may request the parties to submit a revised
parenting plan. If the parties do not submit a revised parenting plan
satisfactory to the court, the court may, after notice and hearing, order
a parenting plan that the court finds to be in the best interest of the
child.

§ 153.0071 FAM. Alternate Dispute Resolution Procedures

(a) On written agreement of the parties, the court may refer a suit
affecting the parent-child relationship to arbitration. The agreement must
state whether the arbitration is binding or non-binding.

(b) If the parties agree to binding arbitration, the court shall render
an order reflecting the arbitrator's award unless the court determines at
a non-jury hearing that the award is not in the best interest of the
child. The burden of proof at a hearing under this subsection is on the
party seeking to avoid rendition of an order based on the arbitrator's
award.

(c) On the written agreement of the parties or on the court's own
motion, the court may refer a suit affecting the parent-child
relationship to mediation.

(d) A mediated settlement agreement is binding on the parties if the
agreement:

(1) provides, in a prominently displayed statement that is in boldfaced
type or capital letters or underlined, that the agreement is not subject
to revocation;

(2) is signed by each party to the agreement; and

(3) is signed by the party's attorney, if any, who is present at the
time the agreement is signed.

(e) If a mediated settlement agreement meets the requirements of
Subsection (d), a party is entitled to judgment on the mediated
settlement agreement notwithstanding Rule 11, Texas Rules of Civil
Procedure, or another rule of law.

(e-1) Notwithstanding Subsections (d) and (e), a court may decline to
enter a judgment on a mediated settlement agreement if the court finds
that:

(1) a party to the agreement was a victim of family violence, and that
circumstance impaired the party's ability to make decisions; and

(2) the agreement is not in the child's best interest.

(f) A party may at any time prior to the final mediation order file a
written objection to the referral of a suit affecting the parent-child
relationship to mediation on the basis of family violence having been
committed by another party against the objecting party or a child who is
the subject of the suit. After an objection is filed, the suit may not be
referred to mediation unless, on the request of a party, a hearing is
held and the court finds that a preponderance of the evidence does not
support the objection. If the suit is referred to mediation, the court
shall order appropriate measures be taken to ensure the physical and
emotional safety of the party who filed the objection. The order shall
provide that the parties not be required to have face-to-face contact and
that the parties be placed in separate rooms during mediation. This
subsection does not apply to suits filed under Chapter 262.

(g) The provisions for confidentiality of alternative dispute
resolution procedures under Chapter 154, Civil Practice and Remedies
Code, apply equally to the work of a parenting coordinator, as defined by
Section 153.601, and to the parties and any other person who participates
in the parenting coordination. This subsection does not affect the duty
of a person to report abuse or neglect under Section 261.101.

§ 153.071 FAM. Court to Specify Rights and Duties of Parent Appointed
a Conservator

If both parents are appointed as conservators of the child, the
court shall specify the rights and duties of a parent that are to
be exercised:

(1) by each parent independently;

(2) by the joint agreement of the parents; and

(3) exclusively by one parent.

§ 153.072 FAM. Written Finding Required to Limit Parental Rights and
Duties

The court may limit the rights and duties of a parent appointed as a
conservator if the court makes a written finding that the limitation is
in the best interest of the child.

§ 153.073 FAM. Rights of Parent at All Times

(a) Unless limited by court order, a parent appointed as a conservator
of a child has at all times the right:

(1) to receive information from any other conservator of the child
concerning the health, education, and welfare of the child;

(2) to confer with the other parent to the extent possible before
making a decision concerning the health, education, and welfare of the
child;

(3) of access to medical, dental, psychological, and educational
records of the child;

(4) to consult with a physician, dentist, or psychologist of the child;

(5) to consult with school officials concerning the child's welfare and
educational status, including school activities;

(6) to attend school activities;

(7) to be designated on the child's records as a person to be notified
in case of an emergency;

(8) to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the
child; and

(9) to manage the estate of the child to the extent the estate has been
created by the parent or the parent's family.

(b) The court shall specify in the order the rights that a parent
retains at all times.

§ 153.074 FAM. Rights and Duties During Period of Possession

Unless limited by court order, a parent appointed as a conservator of a
child has the following rights and duties during the period that the
parent has possession of the child:

(1) the duty of care, control, protection, and reasonable discipline of
the child;

(2) the duty to support the child, including providing the child with
clothing, food, shelter, and medical and dental care not involving an
invasive procedure;

(3) the right to consent for the child to medical and dental care not
involving an invasive procedure: and

(4) the right to direct the moral and religious training of the child.

§ 153.075 FAM. Duties of Parent Not Appointed Conservator

The court may order a parent not appointed as a managing or a
possessory conservator to perform other parental duties, including paying
child support.

§ 153.076 FAM. Duty to Provide Information

(a) The court shall order that each conservator of a child has a duty
to inform the other conservator of the child in a timely manner of
significant information concerning the health, education, and welfare of
the child.

(b) The court shall order that each conservator of a child has the duty
to inform the other conservator of the child if the conservator resides
with for at least 30 days, marries, or intends to marry a person who the
conservator knows:

(1) is registered as a sex offender under Chapter 62, Code of Criminal
Procedure; or

(2) is currently charged with an offense for which on conviction the
person would be required to register under that chapter.

(c) The notice required to be made under Subsection (b) must be made as
soon as practicable but not later than the 40th day after the date the
conservator of the child begins to reside with the person or the 10th day
after the date the marriage occurs, as appropriate. The notice must
include a description of the offense that is the basis of the person's
requirement to register as a sex offender or of the offense with which
the person is charged.

(d) A conservator commits an offense if the conservator fails to
provide notice in the manner required by Subsections (b) and (c). An
offense under this subsection is a Class C misdemeanor.

§ 153.132 FAM. Rights and Duties of Parent Appointed Sole Managing
Conservator

Unless limited by court order, a parent appointed as sole managing
conservator of a child has the rights and duties provided by
Subchapter B and the following exclusive rights:

(1) the right to designate the primary residence of the child;

(2) the right to consent to medical, dental, and surgical treatment
involving invasive procedures;

(3) the right to consent to psychiatric and psychological treatment;

(4) the right to receive and give receipt for periodic payments for the
support of the child and to hold or disburse these funds for the benefit
of the child;

(5) the right to represent the child in legal action and to make other
decisions of substantial legal significance concerning the child;

(6) the right to consent to marriage and to enlistment in the armed
forces of the United States;

(7) the right to make decisions concerning the child's education;

(8) the right to the services and earnings of the child; and

(9) except when a guardian of the child's estate or a guardian or
attorney ad litem has been appointed for the child, the right to act as
an agent of the child in relation to the child's estate if the child's
action is required by a state, the United States, or a foreign
government.

§ 153.133 FAM. Parenting Plan for Joint Managing Conservatorship

(a) If a written agreed parenting plan is filed with the court, the
court shall render an order appointing the parents as joint managing
conservators only if the parenting plan:

(1) designates the conservator who has the exclusive right to designate
the primary residence of the child and:

(A) establishes, until modified by further order, the geographic area
within which the conservator shall maintain the child's primary
residence; or

(B) specifies that the conservator may designate the child's primary
residence without regard to geographic location;

(2) specifies the rights and duties of each parent regarding the
child's physical care, support, and education;

(3) includes provisions to minimize disruption of the child's
education, daily routine, and association with friends;

(4) allocates between the parents, independently, jointly, or
exclusively, all of the remaining rights and duties of a parent provided
by Chapter 151;

(5) is voluntarily and knowingly made by each parent and has not been
repudiated by either parent at the time the order is rendered; and

(6) is in the best interest of the child.

(b) The agreed parenting plan may contain an alternative dispute
resolution procedure that the parties agree to use before requesting
enforcement or modification of the terms and conditions of the joint
conservatorship through litigation, except in an emergency.

§ 153.134 FAM. Court-Ordered Joint Conservatorship

(a) If a written agreed parenting plan is not filed with the court, the
court may render an order appointing the parents joint managing
conservators only if the appointment is in the best interest of the
child, considering the following factors:

(1) whether the physical, psychological, or emotional needs and
development of the child will benefit from the appointment of joint
managing conservators;

(2) the ability of the parents to give first priority to the welfare of
the child and reach shared decisions in the child's best interest;

(3) whether each parent can encourage and accept a positive
relationship between the child and the other parent;

(4) whether both parents participated in child rearing before the
filing of the suit;

(5) the geographical proximity of the parents' residences;

(6) if the child is 12 years of age or older, the child's preference,
if any, regarding the person to have the exclusive right to designate the
primary residence of the child; and

(7) any other relevant factor

.

(b) In rendering an order appointing joint managing conservators, the
court shall:

(1) designate the conservator who has the exclusive right to determine
the primary residence of the child and:

(A) establish, until modified by further order, a geographic area
within which the conservator shall maintain the child's primary
residence; or

(B) specify that the conservator may determine the child's primary
residence without regard to geographic location;

(2) specify the rights and duties of each parent regarding the child's
physical care, support, and education;

(3) include provisions to minimize disruption of the child's
education, daily routine, and association with friends;

(4) allocate between the parents, independently, jointly, or
exclusively, all of the remaining rights and duties of a parent as
provided by Chapter 151; and

(5) if feasible, recommend that the parties use an alternative dispute
resolution method before requesting enforcement or modification of the
terms and conditions of the joint conservatorship through litigation,
except in an emergency.

§ 153.137 FAM. Guidelines for the Possession of Child by Parent Named
as Joint Managing Conservator

The standard possession order provided by Subchapter F constitutes
a presumptive minimum amount of time for possession of a child by a
parent named as a joint managing conservator who is not awarded the
exclusive right to designate the primary residence of the child in a
suit.

§ 153.138 FAM. Child Support Order Affecting Joint Conservators

The appointment of joint managing conservators does not impair or limit
the authority of the court to order a joint managing conservator to pay
child support to another joint managing conservator.

§ 153.192 FAM. Rights and Duties of Parent Appointed Possessory
Conservator

(a) Unless limited by court order, a parent appointed as possessory
conservator of a child has the rights and duties provided by
Subchapter B and any other right or duty expressly granted to the possessory
conservator in the order.

(b) In ordering the terms and conditions for possession of a child by a
parent appointed possessory conservator, the court shall be guided by the
guidelines in Subchapter E.

§ 153.193 FAM. FAM. Minimal Restriction on Parent's
Possession or Access

The terms of an order that denies possession of a child to a parent or
imposes restrictions or limitations on a parent's right to possession of
or access to a child may not exceed those that are required to protect
the best interest of the child.

153.251 FAM. Policy and General Application of Guidelines

(a) The guidelines established in the standard possession order are
intended to guide the courts in ordering the terms and conditions for
possession of a child by a parent named as a possessory conservator or as
the minimum possession for a joint managing conservator.

(b) It is the policy of this state to encourage frequent contact
between a child and each parent for periods of possession that optimize
the development of a close and continuing relationship between each
parent and child.

(c) It is preferable for all children in a family to be together during
periods of possession.

(d) The standard possession order is designed to apply to a child three
years of age or older.

§ 153.252 FAM. FAM. Rebuttable Presumption

In a suit, there is a rebuttable presumption that the standard
possession order in Subchapter F:

(1) provides reasonable minimum possession of a child for a parent
named as a possessory conservator or joint managing conservator; and

(2) is in the best interest of the child.

§ 153.253 FAM. Standard Possession Order Inappropriate or Unworkable

The court shall render an order that grants periods of possession of
the child as similar as possible to those provided by the standard
possession order if the work schedule or other special circumstances of
the managing conservator, the possessory conservator, or the child, or
the year-round school schedule of the child, make the standard order
unworkable or inappropriate.

§ 153.255 FAM. Agreement

The court may render an order for periods of possession of a child that
vary from the standard possession order based on the agreement of the
parties.

§ 153.256 FAM. Factors for Court to Consider

In ordering the terms of possession of a child under an order other
than a standard possession order, the court shall be guided by the
guidelines established by the standard possession order and may
consider:

(1) the age, developmental status, circumstances, needs, and
best interest of the child;

(2) the circumstances of the managing conservator and of the
parent named as a possessory conservator; and

(3) any other relevant factor.

§ 153.311 FAM. Mutual Agreement or Specified Terms for Possession

The court shall specify in a standard possession order that the parties
may have possession of the child at times mutually agreed to in advance
by the parties and, in the absence of mutual agreement, shall have
possession of the child under the specified terms set out in the standard
order.

§ 153.316 FAM. General Terms and Conditions

The court shall order the following general terms and conditions of
possession of a child to apply without regard to the distance between the
residence of a parent and the child:

(1) the managing conservator shall surrender the child to the
possessory conservator at the beginning of each period of the
possessory conservator's possession at the residence of the managing
conservator;

(2) if the possessory conservator elects to begin a period of
possession at the time the child's school is regularly dismissed, the
managing conservator shall surrender the child to the possessory
conservator at the beginning of each period of possession at the school
in which the child is enrolled;

(3) the possessory conservator shall be ordered to do one of the
following:

(A) the possessory conservator shall surrender the child to the
managing conservator at the end of each period of possession at the
residence of the possessory conservator; or

(B) the possessory conservator shall return the child to the
residence of the managing conservator at the end of each period of
possession, except that the order shall provide that the possessory
conservator shall surrender the child to the managing conservator at
the end of each period of possession at the residence of the possessory
conservator if:

(i) at the time the original order or a modification of an order
establishing terms and conditions of possession or access the
possessory conservator and the managing conservator lived in the same
county, the possessory conservator's county of residence remains the
same after the rendition of the order, and the managing conservator's
county of residence changes, effective on the date of the change of
residence by the managing conservator; or

(ii) the possessory conservator and managing conservator lived in
the same residence at any time during a six-month period preceding
the date on which a suit for dissolution of the marriage was filed
and the possessory conservator's county of residence remains the same
and the managing conservator's county of residence changes after they
no longer live in the same residence, effective on the date the order
is rendered;

(4) if the possessory conservator elects to end a period of possession
at the time the child's school resumes, the possessory conservator shall
surrender the child to the managing conservator at the end of each period
of possession at the school in which the child is enrolled;

(5) each conservator shall return with the child the personal effects
that the child brought at the beginning of the period of possession;

(6) either parent may designate a competent adult to pick up and return
the child, as applicable; a parent or a designated competent adult shall
be present when the child is picked up or returned;

(7) a parent shall give notice to the person in possession of the child
on each occasion that the parent will be unable to exercise that parent's
right of possession for a specified period;

(8) written notice shall be deemed to have been timely made if received
or postmarked before or at the time that notice is due; and

(9) if a conservator's time of possession of a child ends at the time
school resumes and for any reason the child is not or will not be
returned to school, the conservator in possession of the child shall
immediately notify the school and the other conservator that the child
will not be or has not been returned to school.

§ 153.317 FAM. FAM. Alternative Possession Times

If a child is enrolled in school and the possessory conservator elects
before or at the time of the rendition of the original or modification
order, the standard order must expressly provide that the possessory
conservator's period of possession shall begin or end, or both, at a
different time expressly set in the standard order under and within the
range of alternative times provided by one or both of the following
subdivisions:

(1) instead of a period of possession by a possessory conservator
beginning at 6 p.m. on the day school recesses, the period of possession
may be set in the standard possession order to begin at the time the
child's school is regularly dismissed or at any time between the time the
child's school is regularly dismissed and 6 p.m.; and

(2) except for Thursday evening possession, instead of a period of
possession by a possessory conservator ending at 6 p.m. on the day before
school resumes, the period of possession may be set in the standard order
to end at the time school resumes.

§ 153.603 FAM. Requirement of Parenting Plan in Final Order

(a) Except as provided by Subsection (b), a final order in a suit
affecting the parent-child relationship must include a parenting plan.

(b) The following orders are not required to include a parenting plan:

(1) an order that only modifies child support;

(2) an order that only terminates parental rights; or

(3) a final order described by Section 155.001(b).

(c) If the parties have not reached agreement on a final parenting plan
on or before the 30th day before the date set for trial on the merits, a
party may file with the court and serve a proposed parenting plan.

(d) This section does not preclude the parties from requesting the
appointment of a parenting coordinator to resolve parental conflicts.

§ 153.6031 FAM. Exception to Dispute Resolution Process Requirement

A requirement in a parenting plan that a party initiate or participate
in a dispute resolution process before filing a court action does not
apply to an action:

(1) to modify the parenting plan in an emergency;

(2) to modify child support;

(3) alleging that the child's present circumstances will significantly
impair the child's physical health or significantly impair the child's
emotional development;

(4) to enforce; or

(5) in which the party shows that enforcement of the requirement is
precluded or limited by Section 153.0071.

§ 153.605 FAM. Appointment of Parenting Coordinator

(a) In a suit affecting the parent-child relationship, the court may,
on its own motion or on a motion or agreement of the parties, appoint a
parenting coordinator to assist the parties in resolving parenting
issues.

(b) The court may not appoint a parenting coordinator unless, after
notice and hearing, the court makes a specific finding that:

(1) the case is a high-conflict case; or

(2) there is good cause shown for the appointment of a parenting
coordinator and the appointment is in the best interest of any minor
child in the suit.

(c) Notwithstanding any other provision of this subchapter, a party may
at any time file a written objection to the appointment of a parenting
coordinator on the basis of family violence having been committed by
another party against the objecting party or a child who is the subject
of the suit. After an objection is filed, a parenting coordinator may not
be appointed unless, on the request of a party, a hearing is held and the
court finds that a preponderance of the evidence does not support the
objection. If a parenting coordinator is appointed, the court shall order
appropriate measures be taken to ensure the physical and emotional safety
of the party who filed the objection. The order may provide that the
parties not be required to have face-to-face contact and that the parties
be placed in separate rooms during the parenting coordination.

§ 153.606 FAM. Duties of Parenting Coordinator

(a) The duties of a parenting coordinator must be specified in the
order appointing the parenting coordinator. The duties of the parenting
coordinator are limited to matters that will aid the parties in:

(1) identifying disputed issues;

(2) reducing misunderstandings;

(3) clarifying priorities;

(4) exploring possibilities for problem solving;

(5) developing methods of collaboration in parenting;

(6) understanding parenting plans and reaching agreements about
parenting issues to be included in a parenting plan; and

(7) complying with the court's order regarding conservatorship or
possession of and access to the child.

(b) The appointment of a parenting coordinator does not divest the
court of:

(1) its exclusive jurisdiction to determine issues of conservatorship,
support, and possession of and access to the child; and

(2) the authority to exercise management and control of the suit.

(c) The parenting coordinator may not modify any order, judgment, or
decree. If a suit is pending, any agreement made by the parties with the
assistance of the parenting coordinator must be reduced to writing,
signed by the parties and their attorneys, if any, and filed with the
court.

(d) Meetings between the parenting coordinator and the parties may be
informal and are not required to follow any specific procedures.

(e) and (f) Repealed by Acts 2007, 80th Leg., ch. 1181, § 11(2).

§ 156.001 FAM. FAM. Orders Subject to Modification

A court with continuing, exclusive jurisdiction may modify an order
that provides for the conservatorship, support, or possession of and
access to a child.

§ 156.002 FAM. Who can File

(a) A party affected by an order may file a suit for modification in
the court with continuing, exclusive jurisdiction.

(b) A person or entity who, at the time of filing, has standing
to sue under Chapter 102 may file a suit for modification in the
court with continuing, exclusive jurisdiction.

§ 156.005 FAM. Frivolous Filing of Suit for Modification

If the court finds that a suit for modification is filed frivolously or
is designed to harass a party, the court shall tax attorney's fees as
costs against the offending party.

§ 156.101 FAM. FAM. Grounds for Modification of Order
Establishing Conservatorship or Possession and Access

The court may modify an order that provides for the appointment of a
conservator of a child, that provides the terms and conditions of
conservatorship, or that provides for the possession of or access to a
child if modification would be in the best interest of the child and:

(1) the circumstances of the child, a conservator, or other party
affected by the order have materially and substantially changed since the
earlier of:

(A) the date of the rendition of the order; or

(B) the date of the signing of a mediated or collaborative law
settlement agreement on which the order is based;

(2) the child is at least 12 years of age and has filed with the
court, in writing, the name of the person who is the child's preference
to have the exclusive right to designate the primary residence of the
child; or

(3) the conservator who has the exclusive right to designate the
primary residence of the child has voluntarily relinquished the primary
care and possession of the child to another person for at least six
months.