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A range of responsibilities and challenges await you as a parent. Understanding your parental rights and responsibilities are essential for effective parenting. In Texas, these rights and duties are outlines in the family law statutes covering aspects such as custody, possession and access of your child(ren), and decision -making authority.  Both parents have equal rights and duties to their child’s upbringing. 

What are Parental Rights?

Parental rights allow you the right to make decisions about your child’s upbringing, moral training, education, medical care, mental health care, dental care and general welfare. A parent also has the right to physical and legal custody of a child; this includes the right to designate the child’s primary residence, consent to medical treatments and represent your child in legal matters. 

RIGHTS AND DUTIES OF A PARENT 

(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.

(b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2).

(c) A parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.

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

(1) a court order affecting the rights and duties;

(2) an affidavit of relinquishment of parental rights; and

(3) an affidavit by the parent designating another person or agency to act as managing conservator. 

(e) Only the following persons may use corporal punishment for the reasonable discipline of a child:

(1) a parent or grandparent of the child;

(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and

 (3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.

Both parents have the same rights to be involved in their child’s life. When your child is in your custody or possession, you have the right to care for them, take them to church, take them to the doctor, take them to extracurricular activities. You have the right to be involved. 

Allocation of Rights and Duties

The summary of the rights and duties allocated to parents in a divorce decree of a court order can be confusing.  In court order the rights can be solely to mother, solely to father, independent to each parent, or by agreement of the parents. If the right is solely given to one parent, that means that parent has the right to decide for that issue.  An example would be one parent having the exclusive right to child support. 

If a right is independent, then either parent has the right to make decisions for that particular issue. For example, either parent has the independent right to medical decisions while the child is in their care. 

If a right is by agreement, it requires both parents to agree before consenting to matters regarding the child, such as surgery, education decisions or the right to enlist in the military and get married. 

Many orders have a combination of the allocation of rights above. Speaking with your attorney will help you decide what is best for you and your family dynamic. 

Knowing your parental rights is crucial for making informed decisions for your child. When you make informed decisions for your child it ensures that their best interests are always considered. 

Making informed decisions that prioritize your child’s best interest is an essential part of safeguarding your child’s well-being. Working with an experienced family law attorney can help protect and ensure your rights so that your child’s best interests are protected.   Book your appointment today with the Denis Law Group and let us advocate for you and your child.