Planning for and bringing home a new baby is a challenging task on its own. Adding a breakup or divorce to the equation only amplifies those challenges. If you have found yourself in the middle of a breakup, a separation, or a divorce prior to the birth of your baby, or shortly thereafter, crafting a visitation plan for a newborn can be tricky. Unfortunately, most states, including Texas, do not have set visitation or custody plans in place to help guide new parents.

Assuming both parents want to be an active part of their child's life from the beginning, hopefully, they can put aside any differences and acrimony and act in the best interest of the newborn. If not, it will be up to a court make the tough decisions related to the custody and care of the newborn. As with many states, Texas courts use the best interest of the child standard when determining custodial issues. A determination of a child's best interest includes, but is not limited to, the child's needs, the ability of the child's parents to cooperate in decision-making, the level of each parent's participation, distance between parents' residences, and any other factor the court finds relevant.

The Unique Case of Newborns