Not every parent in Texas has legal custody. But that doesn’t mean you’re cut off from your child’s life. Many parents in Cleburne and across Texas worry that if they don’t have legal custody, they’ll lose the chance to be involved. The truth is: Texas child custody laws do provide rights and protections for non-custodial parents.
Whether you’re going through a divorce or have already received a Texas custody agreement, this article breaks down what rights a parent without legal custody actually has and how to protect them.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Does “Legal Custody” Mean in Texas?
In Texas, “legal custody” is known as conservatorship. The parent with legal custody (called the “managing conservator”) has the right to make important decisions about the child’s life, such as education, healthcare, and religion.
The parent without legal custody is usually called the possessory conservator. This parent may not make big decisions, but they still have rights, especially regarding visitation and access.
What Rights Does a Possessory Conservator Have?
Even without legal custody, the possessory conservator still has several important rights under Texas Family Code § 153.073. These include:
- The right to receive information from the other parent about the child’s health, education, and welfare.
- The right to consult with the child’s doctors, teachers, and school officials.
- The right to access medical, dental, and educational records.
- The right to attend school activities.
- The right to be informed in case of emergencies.
This means you can stay involved in your child’s life, even if you’re not the one calling all the shots.
Does a Non-Custodial Parent Have Visitation Rights?
Yes. In most cases, the court will create a Standard Possession Order (SPO) that lays out when the non-custodial parent can see the child. This usually includes:
- First, third, and fifth weekends of each month
- Thursday evenings during the school year
- Extended time in the summer
- Shared holidays (rotating each year)
You can also ask for 50/50 custody in Texas if both parents can agree and it’s in the best interest of the child (more on that below).
Can a Non-Custodial Parent Ever Get Legal Custody?
Custody orders are not always permanent. If your situation changes, you may be able to file a modification with the court under Texas Family Code § 156.101.
Common reasons to modify custody:
- The child’s primary custodian moves far away
- The child is in danger or not being properly cared for
- You have a stronger relationship with the child now
- The child is 12 or older and expresses a preference to live with you (Texas Family Code § 153.009)
This is where having an experienced child custody lawyer in Texas becomes essential.
Can a Parent Without Custody Still Be Involved in Decisions?
It depends. While the managing conservator has the final say, Texas courts often encourage joint managing conservatorship, where both parents share decision-making.
If you’re only a possessory conservator, you don’t get a legal say, but you can still:
- Be informed about major decisions
- Provide your input
- Work with the custodial parent through mutual cooperation
Sometimes, agreements can be customized. Your Texas custody agreement may allow shared rights in areas like school or medical decisions, even if you’re not the managing conservator.
When Can a Parent Get Temporary Custody in Texas?
If there’s an emergency, a parent can file for temporary custody in Texas under Texas Family Code § 105.001. This is common in cases involving:
- Domestic violence
- Neglect
- Substance abuse
- Sudden absence of the other parent
Temporary orders stay in place until the final court hearing, and they can be a first step in requesting full or joint custody.
How Courts Decide: Best Interest of the Child
The court’s top priority is always the best interest of the child, as defined by Texas Family Code § 153.002. Factors include:
- Emotional and physical needs of the child
- Stability of each parent’s home
- Parental involvement
- History of violence, abuse, or neglect
- Child’s own wishes (if age-appropriate)
So even if you’re the non-custodial parent, the court still wants to keep you in your child’s life, as long as it benefits the child.
What if the Other Parent Blocks Your Rights?
If the custodial parent refuses to follow the court order, like not letting you visit or share information, you can file a motion to enforce through Texas family court custody channels.
Penalties for violating a custody order may include:
- Fines
- Contempt of court
- Jail time in serious cases
- Modification of the custody order
Having a skilled child custody attorney in Dallas / Fort Worth or Cleburne can help protect your rights and enforce the order.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
At Turner Monahan PLLC, we’ve helped thousands of parents across Texas understand and fight for their rights in custody cases. Whether you’re trying to modify your order, stop violations, or simply get clarity, our child custody lawyers in Texas are here to help. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
