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Reviewing the basic parental rights granted by Texas law

One of the most common questions asked of us here at The Law Office of Roland R. Esparza, P.C. by divorcing couples in San Antonio is in regard to what parental rights they retain after their marriages end. You no doubt share the same concerns that your soon-to-be ex-spouse has for your kids, and thus want to maintain some level of decision-making authority regarding their care and well-being. While the extent of those rights may be impacted depending upon whether you are named the managing or possessory conservator of your children, you needn’t worry about losing them altogether. Texas law recognizes that all parents have certain basic rights regarding their kids, regardless of their marital status.

Those rights are spelled out in the state’s family code. They include:

  •          The right to request information from your ex-spouse or any of your children’s conservators regarding their health, well-being, and education.
  •          The right to have input along with your ex-spouse regarding decisions that affect your children’s health, well-being, and education.
  •          The right to speak with doctors, dentists, and psychologist who are treating your children, as well as the right to consent to any care given and the access the records detailing such care.
  •          The right to be chosen as an emergency contact.
  •          The right to consult with your children’s school officials, to access their scholastic records, and to attend any school activities.
  •          The right to help manage your children’s estates.

The only thing that could strip you of these rights would be to not be named as a conservator. Typically, that only occurs if the court believes that your being so named would jeopardize the physical or emotional well-being of your children.

You can find out more about the parental rights of divorced parents by exploring our site. 

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