LEGAL RESOURCES
What Rights Do Noncustodial Parents Have
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The Term “Non-Custodial Parent” Can Be Misleading
Many parents become discouraged after hearing themselves described as the “non-custodial parent.” The phrase often creates the impression that one parent has substantially fewer rights than the other or that the parent has become merely a visitor in the child’s life.
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In most Texas cases, that is simply not true.
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The term “non-custodial parent” is commonly used to describe the parent who does not have the exclusive right to designate the child’s primary residence. It does not mean that the parent loses decision-making authority, becomes less important in the child’s life, or has fewer legal protections.
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In fact, Texas law begins with the presumption that children generally benefit from having both parents actively involved in their upbringing.
Texas Presumes Parents Should Share Rights and Duties
Texas public policy encourages children to have frequent and continuing contact with both parents whenever doing so is in the child’s best interest. Texas Family Code § 153.001 further expresses a preference that parents share in the rights and duties of raising their children after separation whenever appropriate.
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As a result, the vast majority of parents are appointed Joint Managing Conservators. See Tex. Fam. Code § 153.131.
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When parents are appointed Joint Managing Conservators, many of the important parental rights are shared between them, even though only one parent may have the exclusive right to determine the child’s primary residence.
Most Rights Are Shared
The Texas Family Code recognizes numerous parental rights and duties. See Tex. Fam. Code §§ 153.073 and 153.132.
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Unless the court orders otherwise, both parents generally continue to have the right to receive information concerning the child’s health, education, and welfare; consult with physicians, dentists, and school officials; attend school activities; access educational and medical records; communicate with teachers and healthcare providers; and be informed regarding significant issues affecting the child.
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The court may also order that major decisions regarding education, invasive medical treatment, psychological treatment, or other significant matters be made jointly by both parents.
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The precise allocation of these rights varies from case to case, but Texas law generally favors keeping both parents actively involved in important decisions affecting their children.
The Primary Difference Is Usually the Right to Designate the Child’s Residence
In most cases, the principal distinction between the parents is that one parent receives the exclusive right to designate the child’s primary residence.
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That parent is often referred to as the “custodial” parent or the “primary conservator.”
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The other parent still remains a legal parent with substantial rights and responsibilities. The fact that one parent determines where the child primarily resides does not diminish the other parent’s legal relationship with the child.
Non-Custodial Parents Usually Receive the Expanded Standard Possession Order
If the child is three years of age or older and the statutory requirements are satisfied, the Expanded Standard Possession Order is presumed to be in the child’s best interest. See Tex. Fam. Code §§ 153.252 and 153.3171.
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For parents living within approximately fifty miles of one another, the Expanded Standard Possession Order generally provides:
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Thursday overnight possession during the school year.
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Extended weekend possession beginning when school is dismissed on Friday and ending when school resumes on Monday.
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Alternating holidays.
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Extended possession during the summer.
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This schedule provides substantially more parenting time than the traditional Standard Possession Order and reflects the Legislature’s continued emphasis on frequent and continuing contact with both parents.
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The parties remain free to agree upon a different schedule, and the court may order another arrangement if the child’s best interest requires it.
A Non-Custodial Parent May Still Pay Child Support
Many parents assume that paying child support somehow reduces their parental rights.
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Texas law draws no such connection.
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Child support is governed by Chapter 154 of the Texas Family Code, while conservatorship and possession are governed primarily by Chapter 153.
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The parent who does not have the exclusive right to designate the child’s primary residence is often ordered to pay child support based upon the statutory guidelines and the parent’s net resources. See Tex. Fam. Code § 154.125.
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Paying child support does not purchase parenting time, nor does failing to pay child support automatically terminate possession rights. Likewise, denying possession because child support has not been paid is generally prohibited.
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The issues of possession and child support are legally separate.
Non-Custodial Parents Can Request Modifications
Custody orders are not necessarily permanent.
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If circumstances materially and substantially change, either parent may seek a modification of conservatorship, possession, child support, or other provisions of the existing order under Chapter 156 of the Texas Family Code.
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For example, changes in work schedules, relocation, the child’s developmental needs, family violence, substance abuse, or other significant circumstances may justify asking the court to modify the existing order.
The Court Expects Both Parents to Foster the Parent-Child Relationship
Regardless of which parent has primary custody, Texas courts expect both parents to encourage a healthy relationship between the child and the other parent.
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Parents should comply with court-ordered possession schedules, communicate appropriately regarding the child’s needs, and avoid conduct that unnecessarily interferes with the child’s relationship with the other parent.
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A parent’s willingness to foster that relationship often becomes an important consideration in future custody proceedings.
Fergus & Tomanka Represents Both Custodial and Non-Custodial Parents
Being the non-custodial parent does not mean losing your place in your child’s life. Texas law recognizes the importance of maintaining meaningful relationships with both parents, and most parental rights continue after divorce or a custody order. Understanding those rights is essential to protecting your relationship with your child.
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At Fergus & Tomanka, we represent parents throughout Central Texas in divorce, SAPCR, modification, and enforcement proceedings involving conservatorship, possession, child support, and parental rights. Whether you are seeking additional parenting time, enforcing an existing order, or modifying conservatorship, we can help you understand your rights and develop a strategy focused on your child’s best interests.
Call (512) 291-6952 to setup a consultation with one of our attorneys OR simply Make An Appointment on your own!
These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.