Protecting Parental Rights in Texas

Understanding parental rights and duties is a fundamental aspect of family law. The Texas Family Code, specifically Chapter 151, outlines the extensive range of rights and duties parents hold toward their children. These encompass various aspects of a child's life, from physical possession and care to decision-making and support. These rights and duties shape the parent-child relationship and serve as the legal foundation for parental responsibilities. However, it's important to recognize that in certain situations, courts have the authority to limit these rights and duties based on specific circumstances. This overview delves into the essential parental rights and duties outlined in the Texas Family Code and offers insights into how these legal responsibilities can be adjusted under certain circumstances

Parental rights and duties in Texas include the authority to make decisions about a child’s upbringing, education, and medical care, as well as the responsibility to provide support and protection for the child’s well-being…

Parental Rights and Duties

It is important to understand what the Texas Family Code encompasses when discussing “Rights and Duties”. Chapter 151 of the Texas Family Code provides the following:

(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.

These rights and duties can be limited by the courts after testimony and evidence is presented in a hearing asking the court to limit these rights and duties. To get a better understanding as to the circumstances that may lead a court to limit such rights, it is best to talk to an attorney.

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