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Texas Parental Rights and Duties

On Behalf of | May 8, 2024 | Firm News |

Rights and Duties

Rights and Duties of Parent. §151.001

(a)  A parent of a child has the following rights and duties:

(1)  the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;

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

(3)  the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;

(4)  the duty, except when a guardian of the child’s estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government;

(5)  except as provided by Section 264.0111, the right to the services and earnings of the child;

(6)  the right to consent to the child’s marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;

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

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

(9)  the right to inherit from and through the child;

(10)  the right to make decisions concerning the child’s education; and

(11)  any other right or duty existing between a parent and child by virtue of law.

(d)  The rights and duties of a parent are subject to:

(1)  a court order affecting the rights and duties

Rights of Parent at All Times §153.073

(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, including school lunches, performances, and field trips;

(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.

Rights and Duties of Parent During Periods of Possession §153.074

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.

Duties of Parent Not Appointed Conservator §153.075

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

Rights and Duties of Parent Appointed Sole Managing Conservator §153.132

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;

(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; and

(10)  the right to:

(A)  apply for a passport for the child;

(B)  renew the child’s passport; and

(C)  maintain possession of the child’s passport.

Rights and Duties of Parent Appointed Possessory Conservator §153.192

(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.