What is the Children’s Bill of Rights in Texas?

What is the Children’s Bill of Rights in Texas?

Mar 16, 2023
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Children of divorcing parents may feel like they have to choose sides. In Texas, children are protected by an Act known as the Children’s Bill of Rights. The Children’s Bill of Rights is a list of rights given to children to ensure that they feel a sense of security, love, and freedom of choice through this difficult transition.

The family lawyers at Mims Ballew HollingsworthFamily Law would like to inform you about the Texas Children’s Bill of Rights and how it can improve a child’s life.

While Texas has no formal “Children’s Bill of Rights,” family courts prioritize children’s best interests through rights like safety from harm, meaningful relationships with both parents (absent abuse), and freedom from parental conflict. Courts consider preferences of children aged 12+ and ensure decisions address their emotional/physical needs. Parents are expected to facilitate communication with the other parent and avoid using children as messengers.

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Protections under the Children’s Bill of Rights

The Texas legislature created the Children’s Bill of Rights to afford children certain protections. The Children’s Bill of Rights covers 31 key points, covering several topics.

The Bill of Rights stipulates the role of parents in caring for their children’s welfare. The bill of Rights lists the responsibilities of parents to ensure that the children remain the focus of the family, even when parents formally end their marital union.

The main takeaways from the Children’s Bill of Rights are:

  • Neither parent shall deny or inhibit the child from using the telephone to speak with the other parent or the other parent’s relatives;
  • Don’t use foul language or speak negatively about the other parent with the child;
  • Don’t allow the child to overhear arguments, negotiations, or other legal or                   business discussions between yourself and the other parent;
  • Don’t manipulate the child in order to get them to form opinions about legal                                                                     proceedings;
  • Allow the child to display photographs and other memorabilia of the other parent              or both parties in the child’s room;
  • Each parent will acknowledge that the child has two homes, even if they spend      more time with one parent;
  • Both parents will cooperate with each other in order to share visitation with the   child;
  • Neither parent will “fish around” for information about the other parent       or discourage the child from discussing the other parent;
  • Neither parent will discuss child support issues with the child; and
  • Each parent will allow the child to carry gifts, toys, clothing, and other items     belonging to the child between the two households in order to give the child       comfort in traveling between homes.

The Importance of Co-Parenting

Parents who are beginning the divorce process should realize that the entire family is experiencing change. The termination of a marriage impacts everyone.

Parents must be willing to be on the same team and keep the lines of communication open, especially while living apart. Children need to be reminded that the divorce is in no way their fault, and that every member of the family has equal value.

Both parents must learn to work together, no matter the court’s ruling.  The court will always strive to make child custody decisions in the best interest of the child. This means that upon reviewing a family’s situation, a judge will decide on a child’s living arrangements as they see fit. 

A Compassionate Fort Worth Family Lawyer 

Each family’s dynamics are different, so every divorce brings its own unique struggles. If you suspect that the other parent is violating an order or not respecting your child’s rights, we are here to investigate. Our family lawyers have over 100 years of combined experience. Contact us to schedule your consultation. 

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We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

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817-900-8330

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.

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