Father putting his son in car seat.

The Rights of a Custodial Parent in Texas

In Texas, a custodial parent is a parent who has primary custody of his or her child. Custodial parents have specific rights in Texas. Some of these rights are shared with the noncustodial parent, and others are exclusively enjoyed by the custodial parent. Below is an overview of the rights of custodial parents in Texas. If you need legal assistance with a child custody issue in Texas, please contact a Texas child custody attorney

Rights Shared by Custodial and Noncustodial Parents

Unless a court order says otherwise, custodial and noncustodial parents in Texas have the right to:

  • Confer with and obtain information from one another about the child’s education, health, and welfare;
  • Obtain education, dental, medical, and psychological records of the child; 
  • Consult with the child’s psychologist, dentist, and physician;
  • Consult with school officials about the child’s educational status;
  • Attend activities at the child’s school; 
  • Be listed as one of the child’s emergency contacts; 
  • Consent to medical treatment during an emergency involving an immediate danger to the child’s health and safety; and 
  • Manage the child’s estate.

In addition, unless the court has ordered confidentiality or there is a history of family violence, both the custodial and noncustodial parent must inform the other parent of any important information related to the child’s education, welfare, and health. 

Right of the Custodial Parent 

Some rights belong exclusively to the custodial parent, who is the parent with whom the child lives most of the time. These include the right to: 

  • Establish the child’s primary residence; and 
  • Receive child support on behalf of the child. 

In addition, there are some rights that the parents may agree to share or the court may decide to grant to only one of the parents (typically the custodial parent), including the right to: 

  • Consent to psychological treatment; 
  • Represent the child in legal matters;
  • Consent to surgical, medical, and dental treatment involving invasive procedures; 
  • Consent to enlistment in the armed forces;
  • Consent to marriage; 
  • Make decisions about the child’s education; and
  • Act as an agent of the child’s estate if legal action is required.


Contact our Denton County Child Custody Lawyer 

When determining your rights as a custodial parent in Texas, it’s important that you review and understand the court order in your case. In order to ensure that you understand your rights as a custodial parent, you should consult with a  Texas child custody attorney as soon as possible. At Youngberg Law Firm, in addition to reviewing your court order, our Texas child custody lawyer will efficiently handle any child custody issues you may have while considering the unique circumstances of your family situation. At Youngberg Law Firm, you can rest assured that we will always treat you with the dignity you deserve, and we’ll always keep the best interests of your child in mind while working towards a successful outcome in your case. Please contact us today for a consultation.