Your Parental Rights And Duties In Texas: A Legal Overview

In this article, you can discover…

• Your parental rights and duties as defined in Texas.
• Whether parental rights can be modified.
• How to respond to a parent who neglects their parental duties.

Legally Speaking, What Are Parental Rights And Duties In Texas?

Your parental rights include the right to determine where your child lives, the right to consent to their medical treatment, and the right to consent to psychiatric treatment for your child. 

It also includes a right to receive child support if the court orders it, the right to legally represent your child, the right to make educational decisions for your child, to apply for a child’s passport, and to give your consent for marriage or enlistment.

These are the core rights that are often fought over in custody battles. These rights may change depending on your circumstances or the circumstances of the other parent. 

What Basic Responsibilities Do Parents Have Towards Their Children?

Parents have a responsibility to love and protect their child, provide for them, and to do what is in the child’s best interest. Parental responsibilities involve not only supplying food, shelter, medical care, and clothing, but establishing and fostering a warm relationship. It also involves making sure you consider your child’s needs above all else, even if they conflict with what you may personally want or with your emotions. 

How Are Parental Rights And Duties Divided In Custody Arrangements?

Conservatorship is broken down into an allocation of rights and duties in Texas. Rather than argue that you want full custody or sole conservatorship, it is more helpful to name the rights and responsibilities you would like to have over your child. 

The rights and duties that a court will grant you over your child depend very much on your and the other party’s circumstances, commitment, and ability to care for your child. A judge will take these factors into account when determining joint or sole conservatorship. 

Exceptions to this will include if there are allegations of physical or sexual abuse, an unsafe living environment, or circumstances no longer in a child’s best interests. 

Can Parental Rights Be Modified Or Terminated?

Yes, though, it’s important to understand that the modification or termination of parental rights must be based upon concrete factors rather than subjective emotional feelings. Simply disliking, resenting, or being deeply hurt by a spouse’s actions (such as infidelity) does not give you the right to seek to terminate their parental rights. 

Instead, petitioning the court to modify these rights must be based on factors that are no longer in the best interests of your child, such as the other party’s drug or alcohol use, abuse, neglect, or financial inability to continue to care for your child. 

It’s important to consult with a caring and knowledgeable attorney to determine if changing circumstances warrant the modification of parental rights. These circumstances must be material and substantial and must be verifiable with evidence. A parent simply running late to soccer practice is not a valid ground for modification. 

For parental rights to be fully terminated, specific and serious elements must be proven to a court. For example, it must be proven that the other party has abandoned your child and does not wish to return, has engaged in specific types of criminal conduct, has abused or neglected your child, or has abused or neglected another child in the home. 

Consult with an attorney to help you determine the best course of action if you suspect neglect or abuse from the other party and to determine which route is best for your child. 

How Have Your Experiences As An Attorney Helped You Navigate The Emotional Aspects Of Family Law?

When I was younger, my parents briefly separated and divorced but then remarried each other. I had a custom possession schedule, and I can see how this helped my parents co-parent and helped me adjust as best I could. In spite of their anger and pain, they were still able to co-parent and work through their differences without an attorney encouraging them to attack one another. 

My goal as an attorney is to help both parties co-parent if at all possible but to protect children above all. If there is danger or a serious risk of danger, I make protecting the child my first priority. 

If possible, I encourage parents to work together for the good of their child, come to amicable arrangements, and work to make their child’s life as peaceful and meaningful as possible, even in the aftermath of a divorce. This can help parents figure things out together without having to return annually with new complaints or grievances, a process that can drain finances and be exhausting for all, especially for children. 

What Happens When A Parent Doesn’t Meet Their Duties?

Unfortunately, no one can force a parent to care for or take responsibility for a child. And in some cases, negligent or apathetic parents may willingly give up their parental rights. 

If you suspect that the other party is failing to meet their duties, for example, refusing to get psychiatric care for a clearly disturbed child, you can petition the court to order that they seek treatment for your child. 

Should they fail to do so, they may be found in contempt of a court order, and their parental rights could be modified or terminated as a result. This could allow you to receive sole custodianship and get your child the help they need. Always bring concerns about your child’s health and wellbeing to a trusted attorney, and allow them to work through solutions that will protect your child and your rights as a parent. 

For more information on Your Parental Rights And Duties In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.