There is a public policy in Texas that encourages parents to share in the rights and duties of raising their child after separation or divorce. The Texas Family Code provides parents with specific rights at all times, regardless of whether they are the primary or non-primary parent, as well as additional rights during their periods of possession. These rights can only be limited if a court finds such limitations necessary to protect the child’s best interests.
Shared Parental Rights in Texas
Rights of Parents at All Times
Parents in Texas have rights at all times, including:
- Receiving information from the other parent concerning the child’s health, education, and welfare.
- Conferring with the other parent before major decisions are made regarding the child’s health, education, and welfare.
- Accessing the child’s medical, dental, psychological, and educational records.
- Consulting with physicians, dentists, or psychologists and being listed as a contact in case of emergency.
- Consenting to emergency medical, dental, or surgical treatment when immediate action is required to protect the child’s health and safety.
- Consulting with school officials about the child’s welfare, status, and activities, and attending school-related events such as lunches, performances, and field trips.
Rights and Duties During Possession
When a parent has possession of their child, they also hold specific rights and responsibilities, including:
- The duty of care, control, protection, and reasonable discipline.
- The duty to support the child with clothing, food, shelter, and non-invasive medical and dental care.
- The right to consent to non-invasive medical and dental care.
- The right to direct the child’s moral and religious training.
Methods of Decision-Making for Major Rights
Certain critical rights are not automatically shared between parents. These include:
- Consenting to invasive medical, dental, or surgical treatment.
- Consenting to psychiatric and psychological treatment.
- Making major educational decisions.
- Representing the child in legal matters or making substantial legal decisions on their behalf.
Allocation Methods
If parents cannot agree, the court determines how these rights will be assigned. Methods include:
- Exclusive – one parent alone makes the decision.
- Exclusive After Consultation/Notice – one parent has the exclusive right but must consult or notify the other before acting.
- Independent – either parent can make the decision without agreement.
- Independent After Consultation/Notice – parents must consult or notify each other but do not need agreement.
- Agreement – both parents must agree before the decision is made.
- Agreement with a Tie-Breaker – if parents cannot agree, a designated tie-breaker (e.g., the child’s pediatrician) resolves the matter.
What Is Considered an Invasive Procedure?
In general, either parent can take the child to the doctor for routine, non-invasive treatment during their time of possession. However, non-emergency invasive procedures can become highly contested, such as:
- Ear tube surgery
- Tonsil removal
- Surgery for sports injuries
- Vaccinations
- Piercings or cosmetic surgery
In emergencies, invasive treatment (like surgery after a broken bone) may be consented to if there is immediate danger to the child’s health or safety.
School Enrollment and Educational Decisions
Conflicts often arise between the right to designate a child’s primary residence and the right to make educational decisions.
- Primary parent assumption: Many believe the primary parent automatically decides where the child is enrolled in school, but this is not always true.
- Court conflicts: Texas appellate courts have issued conflicting rulings on how these rights interact.
Examples of Educational Decisions
Educational rights can cover:
- Enrolling a child in extracurricular activities.
- Approving advanced placement or special coursework.
- Ensuring accommodations for children with special needs.
Because school enrollment disputes can be complex, parents often benefit from including specific provisions in their custody orders — either specifying which parent has enrollment authority or naming the school district directly.
Contact a Texas Parental Rights Attorney
Understanding parental rights in Texas requires navigating complex rules about decision-making, medical consent, and education. If you are facing disputes or need to protect your rights, contact our attorneys for experienced guidance.
Call 817-900-8330 today to schedule a consultation!
