Parenting is regarded as one of the toughest jobs in the world. That is doubly true when divorce enters the picture. What was difficult when a couple was together can begin to seem impossible once they separate. That is just one of the reasons why it is crucial for people with minor children to understand parental rights in Texas.
When people begin to better recognize their rights as parents in Texas, they are more prepared to fight for those rights. In other words, if one parent is trying to deny the other parent’s access to the child, there may be legal remedies for the situation.
Texas Family Code defines the rights and duties of every parent in the state. Included in these rights is the physical possession of the child. This means that parental rights in Texas include the ability to have the child reside in the parent’s home without interference from the law. Of course, this right may be curtailed by a divorce decree or a parenting plan that stipulates other living arrangements for the child. In this type of situation, it could be a violation for one parent to have physical possession of the child outside of a pre-approved place and time, especially if the other parent is unaware of the child’s whereabouts.
Other parental rights in Texas include the right to participate in the child’s moral and religious development and to make important decisions on the child’s behalf. These decisions might relate to health care, dental procedures or psychiatric treatment. Other decisions might be about the child’s education, such as which school he or she attends. Once again, all of these rights are held by both parents unless a court orders a modification of these rights in the best interests of the child.
Texas courts prefer for children to have healthy relationships with both of their parents. Nonetheless, sometimes one parent decides that they
want to restrict the other parent’s access to their mutual child. If the parent has good reasons for doing so, then they may go through legal channels to have their parenting plan modified. Unfortunately, some parents decide to restrict the other parent’s access out of simple vindictiveness. In these cases, it is extremely helpful to know and understand your parental rights.
Text or call the American Family Law Center to learn more about Texas parental rights and how to fight for those rights.
