Conservatorship
"Conservatorship"
is the legal word in Texas for Rights and
Duties to your child. A parents rights and duties are
outlined below:
Rights and Duties to a child can be granted to a parent in three ways by
the Court: Jointly, Independently, or Exclusively. Joint
rights require both parents consent. Independent rights can be
exercised independently by each parent without the consent of the other
parent. Exclusive rights may be granted to only one parent, such
as the exclusive right to designate the primary residence of the child.
Texas law presumes that both parent should be appointed as joint
managing conservators of a child.
RIGHTS AND DUTIES AVAILABLE TO A PARENT
IN TEXAS:
(a) A parent of a child has the
following rights and duties: (1) the right to have physical
possession, to direct the moral and religious training, and to designate
the residence of the child; (2) the duty of care, control,
protection, and reasonable discipline of the child; (3) the duty to
support the child, including providing the child with clothing, food,
shelter, medical and dental care, and education; (4) the duty,
except when a guardian of the child's estate has been appointed, to
manage the estate of the child, including the right as an agent of the
child to act in relation to the child's estate if the child's action is
required by a state, the United States, or a foreign government;
(5) except as provided by Section 264.0111, the right to the services
and earnings of the child; (6) the right to consent to the child's
marriage, enlistment in the armed forces of the United States, medical
and dental care, and psychiatric, psychological, and surgical treatment;
(7) the right to represent the child in legal action and to make other
decisions of substantial legal significance concerning the child;
(8) the right to receive and give receipt for payments for the support
of the child and to hold or disburse funds for the benefit of the child;
(9) the right to inherit from and through the child; (10) the right
to make decisions concerning the child's education; and
(11) any other right or duty existing between a parent and child by
virtue of law.(b) The duty of a parent to support his or her child
exists while the child is an unemancipated minor and continues as long
as the child is fully enrolled in a secondary school in a program
leading toward a high school diploma and complies with attendance
requirements described by Section 154.002(a)(2).(c) A parent who fails
to discharge the duty of support is liable to a person who provides
necessaries to those to whom support is owed.(d)The rights and duties of
a parent are subject to: (1) a court order affecting the rights and
duties; (2) an affidavit of relinquishment of parental rights;
and (3) an affidavit by the parent designating another person or
agency to act as managing conservator.
(e) Only the following persons may use corporal punishment for the
reasonable discipline of a child:
(1) a parent or grandparent of the child; (2) a stepparent of the
child who has the duty of control and reasonable discipline of the
child; and (3) an individual who is a guardian of the child and who
has the duty of control and reasonable discipline of the child.
Added by Acts 1995, 74th
Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995,
74th Leg., ch. 751, Sec. 23, eff. Sept. 1, 1995. Renumbered from
Sec. 151.003 by Acts 2001, 77th Leg., ch. 821, Sec. 2.13, eff. June 14,
2001. Amended by Acts 2001, 77th Leg., ch. 964, Sec. 2, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1036, Sec. 3, eff. Sept. 1,
2003.
Amended by: Acts 2005, 79th
Leg., Ch. 924, Sec. 1, eff. September 1, 2005.Acts 2007, 80th Leg.,
R.S., Ch. 972, Sec. 6, eff. September 1, 2007.
For a
private confidential consultation
to discuss your legal matter with an experienced Texas Family
Law and Paternity Lawyer, please call us at
(972) 445-1500.
BE PREPARED - CALL NOW! |
Do Not Wait to Establish Your Rights
Whether you are a father or
you are about to be a father you have certain legal rights and obligations
towards your child. However, waiting to establish these rights will only make it
more difficult to gain access to the children. The sooner you act, the
easier it is for the Court to issue a Court Order insuring your time with
the children. If you delay, the Texas Attorney General's office will
likely file a lawsuit against you and request up to FOUR YEARS of
retroactive or back child support with minimal visitation.
Call us Today! 972-445-1500.
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To discuss your divorce or family law
matter with Mr. Conner, an experienced Dallas-Fort Worth lawyer,
please call us at
972-445-1500
to schedule a private consultation.
For additional
information about our law firm and the benefits of retaining Mr.
Conner's services, please visit our
Benefits of
Retaining Len Conner & Associates
page.
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We hope the information provided here is helpful. Please call our
office with any questions you may have. Unless otherwise indicated,
attorneys listed in this site are not certified by the Texas Board of
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information only. The information at this site should not be
construed to be formal legal advice nor the formation of a lawyer/client
relationship.
FULLY
LICENSED BY THE TEXAS SUPREME COURT
Admitted to the US Federal Courts, Northern District of TX
Member of the Texas Family Law
Section of the Texas State Bar Association
Member - Dallas
County Bar Association - Family Law Section
Member - Tarrant
County Family Law Bar Association |
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