Parental Rights

Parental Rights in Texas

Unless limited or modified by a court order, a parent legally appointed as a conservator, or granted custody, of a child has the following rights at all times under Texas law:

• The right to receive information from the other parent concerning the health, education, and welfare of the child;
• The right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;
• The right of access to medical, dental, psychological, and educational records of the child;
• The right to consult with a physician, dentist, or psychologist of the child;
• The right to consult with school officials concerning the child’s welfare and educational status, including school activities;
• The right to attend school activities;
• The right to be designated on the child’s records as a person to be notified in case of an emergency;
• The right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and,
• The right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.

Unless limited or modified by a court order, a parent legally appointed as a conservator, or granted custody, of a child has the following duties at all times under Texas law:

• The duty to inform the other parent (and/or conservator) of the child in a timely manner of significant information concerning the health, education, and welfare of the child.
• To duty to inform the other parent (and/or conservator) if the parent intends to reside with for at least thirty (30) days, marries, or intends to marry, a person whom the parent (and/or conservator) knows is registered as a sex offender or is currently charged with a criminal offense for which on conviction the person would be required to register as a sex offender under Texas law. This notice is required to be made under Texas law as soon as practicable, but no later than the fortieth (40th) day after the date the parent begins to reside with the person or the tenth (10th) day after the date the marriage occurs, as appropriate, which 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. A parent (and/or conservator) commits a criminal offense if the parent (and/or conservator) fails to provide said notice as required under Texas law, which offense is considered a Class C misdemeanor under Texas law.
• The duty to inform the other parent (and/or conservator) if the parent (and/or conservator) establishes a residence with a person who the parent (and/or conservator) knows is the subject of a final protective order sought by an individual, other than the parent(and/or conservator), which is in effect on the date the residence with that person is established; resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the parent (and/or conservator) after the expiration of the 60-day period following the date the final protective order is issued; or, is the subject of a final protective order issued after the date of the order establishing conservatorship. This notice is required to be made under Texas law as soon as practicable, but no later than – the thirtieth (30th) day after the date the parent (and/or conservator) establishes residence with the person who is the subject of the final protective order if the notice is required regarding the parent establishes a residence with a person who the parent (and/or conservator) knows is the subject of a final protective order sought by an individual, other than the parent (and/or conservator), which is in effect on the date the residence with the person is established; the ninetieth (90th) day after the date the final protective order was issued if the notice is required regarding a parent (and/or conservator) who resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the parent (and/or conservator) after the expiration of the 60-day period following the date the final protective order is issued; or, the thirtieth (30th) day after the date the final protective order was issued if the notice is required regarding a person who is the subject of a final protective order issued after the date of the order establishing conservatorship.

Acting in the Best Interest of Your Child

If both parents are willing, a properly written agreed order, including an agreed allocation of parental rights and duties, may be drafted and presented to the Court. But, if you are unable to reach such an agreement, and you have reason to believe that you are being prevented from acting or making important decisions in the best interest of your child, you will need the experience of a family law attorney who has been involved in such contested cases to protect your rights and the child’s rights.

Our firm has served the Dallas area for over 40 years, and attorney Jerry W. Melton is Board Certified in Family Law by the Texas Board of Legal Specialization. We have the resources to answer all of your questions concerning parental rights and duties and to present a strong case for you. Please fill out our form online or call 972-980-8000 today to schedule a free consultation.