Parental Rights

Most parents do not spend much time arguing over parental rights once they understand how Texas courts assign and divide them. Most parental rights are shared by both parents, and only a few are routinely awarded exclusively to one parent. Those that are exclusive, however, are very important: they determine where the child will live, where the child will go to school, and what medical and mental health care the child will receive.

How Parental Rights Are Assigned

A court order in Texas can assign parental rights in the following ways:

• One parent exclusively — only that parent has this right.
• Shared independently — either parent may exercise the right without the other's agreement.
• Joint with agreement required — both parents must agree before a decision is made. Some orders include a "tie-breaker" mechanism.
• With prior consultation required — one parent makes the final decision but must consult the other first.

Rights That Are Often Disputed

These important rights are frequently the subject of custody disputes:

• The exclusive right to designate the child's primary residence. This is the most important parental right — it usually determines which parent has the child most of the time and which parent pays child support. Most orders restrict where the child may live (e.g., within a certain county or school district) to allow both parents regular access.
• The right to make decisions concerning the child's education and enroll the child in school.
• The right to consent to medical, dental, and surgical treatment involving invasive procedures.
• The right to consent to psychiatric and psychological treatment.
• The exclusive right to receive and disburse child support payments.

Rights Usually Given to Both Parents

These rights seldom come up in real life and courts typically assign them to both parents:

• The right to represent the child in legal action and make other decisions of substantial legal significance.
• The right to consent to marriage and enlistment in the armed forces (often requires both parents to agree).
• The right to the services and earnings of the child.

Rights and Duties at All Times

Both parents typically retain these rights and duties regardless of whose possession period it is:

• The right to receive information from the other parent about the child's health, education, and welfare.
• The right of access to the child's medical, dental, and educational records.
• The right to attend school activities, performances, and field trips.
• The right to be designated on school records as a person to be notified in emergencies.
• The right to consent to emergency medical treatment.