“I have parental rights.” It’s one of the most commonly invoked phrases in family law — and one of the most misunderstood. People say it as if it’s a single, unified thing that either exists or doesn’t. In reality, parental rights in Texas is a collection of specific, enumerated rights and duties — some of which you may have, some of which you may not, depending entirely on what your court order says.
Understanding exactly what your parental rights are — and aren’t — is foundational to navigating your case effectively.
Parental Rights Come From the Court Order, Not Biology
This surprises many people: being the biological parent of a child does not automatically give you enforceable parental rights in Texas. Until a court enters an order establishing your rights, you are operating without the legal framework needed to enforce anything.
For unmarried fathers in particular, this is critical. If you were never married to the mother and no court has entered a SAPCR order, you may have no legally enforceable right to see your child — regardless of your biological relationship. You need a court order.
The Rights Enumerated in a Texas Conservatorship Order
In Texas, parental rights are spelled out in the conservatorship provisions of your court order. The Texas Family Code Section 153.073 lists the rights of a parent at all times (regardless of who has possession). These typically include:
- The right to receive information from the other parent about the child’s health, education, and welfare
- The right to access the child’s medical, dental, psychological, and educational records
- The right to consult with a physician, dentist, or psychologist treating the child
- The right to consult with school officials
- The right to attend school activities
- The right to be designated on the child’s records as a person to be notified in an emergency
- The right to consent to medical, dental, and surgical treatment in an emergency
These rights apply to both parents unless the court has specifically limited them.
Rights That Are Exclusive to the Primary Conservator
On top of the shared rights above, the parent designated as the primary conservator typically has exclusive rights including:
- The right to designate the child’s primary residence
- The right to consent to non-emergency medical, dental, and surgical treatment
- The right to consent to psychiatric and psychological treatment
- The right to make educational decisions
- The right to receive child support
Under a Joint Managing Conservatorship (JMC) order, these rights may be shared — or one parent may be given the exclusive right to make decisions in specific areas while the other has rights in different areas. Your order should specify exactly how these are divided.
Rights That Can Be Taken Away
Courts can limit or remove specific parental rights when there is evidence that the exercise of those rights would endanger the child. For example, a court could order that one parent does not have the right to make educational decisions, or that medical decisions require both parents to agree, or that neither parent can relocate the child without court approval.
If your rights have been limited by court order, you need to understand exactly which rights you do and don’t have — and violating those limitations has real consequences.
Termination of Parental Rights
At the most extreme end, Texas courts can terminate parental rights entirely — permanently severing the legal relationship between a parent and child. This is the most drastic action a family court can take, and it requires clear and convincing evidence of specific statutory grounds (abuse, neglect, abandonment, criminal conviction, etc.).
Termination is not reversible. If you are facing a termination proceeding, the stakes could not be higher.
Know What Your Order Actually Says
The most important thing you can do right now is read your existing court order carefully and understand exactly which rights you have, which rights the other parent has, and which decisions require agreement. If you’re not sure what your order says or means, that’s exactly the kind of review I do with my students.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach