Rights and Duties of Custodial and Noncustodial Parents in Texas

Originally published by Varghese Summersett, PLLC.

by Fort Worth Divorce Attorney Susan Smith

Caring for one’s children is one of the most important roles in our society. Whether you are a parent facing a custody battle, or a non-custodial parent seeking greater involvement in your child’s life, knowing the rights and duties of parents is extremely important. If you are a non-custodial parent, knowing which rights you may or may not have will allow you to remain involved in your child’s life without running afoul of your divorce decree or other final order.

When you first became a parent, you intuitively knew that your world had changed. Then there was another person that you had to protect, care for, play with, love on, and support. These intuitive feelings are sometimes the subject of a fight if you ever find yourself facing divorce or separation. Because these rights and duties can cause disputes, the Family Code does its best to specifically enumerate these rights and duties and break them down to standard language. The rights and duties of parents can be modified by the court or by agreement. A parent who fails to meet his or her duties could face severe consequences, including loss of custody.

What are the duties of parents?

Under Chapter 151.001 of the Texas Family Code, a parent can perform the following duties:

Care for, control, protect, and reasonably discipline the child (in Texas, reasonable discipline of a child is not only a right, but an obligation).
Support the child, including food, clothing, shelter, medical and dental care, and education;
Manage the child’s estate (with certain exceptions).

What are the rights of parents?

In addition to parental duties, a parent also has rights regarding his or her child. Many of these so-called “rights” are also duties that overlap with the list above. Generally, a parent has the right to:

Decide where the child lives (if the parent has “primary” custody).
Direct the moral and religious training of the child.
Receive the services of and earnings of the child. Among other benefits, a parent can sue if a child becomes injured and can no longer earn money or render services.
Consent to the child’s marriage or enlistment in the military. For example, a child cannot marry unless he or she obtained the written consent of the parent);
Consent to medical, dental, and surgical treatment. Subject to certain legal limitations, a parent can withhold consent to surgery and other medical treatments. This has been a topic of great debate in cases where religious beliefs clash with doctors’ recommendations.
Represent the child in a lawsuit and make legal decisions for the child. A parent can sue for herself, or can sue on her child’s behalf. For example, in the event a child suffers personal injury, a parent has the right to bring a lawsuit for their child. The parent may also sue for the same series of events if the parent suffered emotional distress or loss of services.
Give and receive money on behalf of the child. It is both a duty and a right of the parent to manage a child’s money unless that child is under separate guardianship.
Inherit from and through the child. Everyone knows that children inherit from their parents. However, if a child passes away with money or property, a parent may be entitled to inherit from their child.
Attend school activities and receive information concerning the child’s education.
Make decisions about the child’s education. This right is not unlimited; if parents live apart, the non-custodial parent has a right to give input in making educational decisions.

Although this list is very specific, it is not exclusive. Texas also has a “catch all” statute which says that a parent is also subject to “any other right or duty existing between a parent and child by virtue of law.” (TX Family Code Sec. 151.001). In other words, there may be special duties a parent must fulfill that are imposed by other statutes or by Texas courts. If you are seeking custody of a child, there are many factors not listed above which may demonstrate that the parent in custody is not fulfilling his or her parental duties.

What are the rights of a non-custodial parent?

A non-custodial parent is one who does not have primary custody of a child, but who may be considered a “joint conservator” of the child. A non-custodial parent has many of the same rights and duties as a custodial parent.

Unfortunately, it’s very common for non-custodial parents to be denied these rights. This may be because the non-custodial parent doesn’t know he is entitled to have a say. The legal rights below are considered fundamental rights of ANY parent, regardless of custody.

Even if you are not seeking custody of your child, you may wish to become more involved in his or her life. If the custodial parent denies these rights, the non-custodial parent can take legal action to ensure that he or she gets a “say” in the upbringing of his or her child.

Unless restricted by a court order, a non-custodial parent generally has the right to:

Receive information from the custodial parent about the child’s health, welfare, and education. Every parent has the right to know the state of the child’s health and welfare, regardless of custody.
Confer with the other parent when making a decision about the health, education, and welfare of the child. The custodial parent is legally obligated to confer with the non-custodial parent. The goal is to foster an atmosphere where both parents are involved in the decision-making process.
Access the child’s medical and educational records and consult with the child’s doctors and school officials. Every parent has the right to know about the child’s medical condition and educational status.
Attend school activities. A custodial parent cannot bar a non-custodial parent from attending a parent-teacher conference, a sports game, or another school-related event. It is a parent’s right to be involved with the child’s day-to-day school activities.
Be designated as an “emergency contact” for the child.
Consent to medical, dental, and surgical treatment during an emergency. Suppose your child has a medical emergency. You are not the primary custodial parent. However, as a parent, you have the right to make emergency medical decisions when the child is under your care.

(Texas Family Code Sec. 153.073.)

Of course, there are exceptions to all of the general rules discussed above. Rights or duties may be increased or limited by a court. These rights and duties become even more complex when parents are living apart, when a child is under guardianship, or when a step-parent or grandparent seeks legal rights regarding a child. When in doubt, an attorney can assist in clarifying and advocating for your rights as a parent.

To hire an attorney for child custody issues, contact us at (817) 203-2220.

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