Parents of a child have rights and duties with respect to the care and upbringing of the child. Laws vary from state to state, but most states’ laws provide that a parent is liable to a third party that provides their unemancipated child with so-called necessaries for the child’s support—such as clothing, food, shelter, medical and dental care, and education.
A parent of an unemancipated child generally has the following rights and duties:
• the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;
• the duty of care, control, protection, and reasonable discipline of the child;
• the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;
• 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;
• with some exceptions, the right to the services and earnings of the child;
• 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;
• the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
• 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;
• the right to inherit from and through the child;
• the right to make decisions concerning the child's education; and
• any other right or duty existing between a parent and child by virtue of law.
Some states place restrictions on who may use corporal (physical) punishment for the discipline of a child, limiting it to the following persons, for example:
• a parent or grandparent of the child;
• a stepparent of the child who has the duty of control and reasonable discipline of the child; and
• an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.
The rights and duties of a parent are subject to:
• a court order affecting the rights and duties;
• an affidavit of relinquishment of parental rights; and
• an affidavit by the parent designating another person or agency to act as managing conservator of the child.
The laws governing a parent’s rights and duties are usually located in a state’s statutes—often in the family code or domestic relations code.
In Texas, the rights and duties of parents regarding their unemancipated children are outlined in the Texas Family Code. Parents have the right to physical possession of the child, to direct their moral and religious training, and to designate their residence. They have the duty to care for, control, protect, and discipline the child reasonably. Parents are also responsible for supporting the child by providing necessities such as clothing, food, shelter, medical and dental care, and education. Additionally, unless a guardian is appointed for the child's estate, parents have the duty to manage the child's estate. Parents have the right to consent to the child's marriage, military enlistment, and medical treatments, and they can represent the child in legal actions. They are entitled to the child's earnings, can inherit from the child, and make decisions about the child's education. Texas law permits corporal punishment by a parent, grandparent, stepparent, or guardian who has the duty of control and discipline of the child. However, these rights and duties can be modified by court orders, affidavits of relinquishment of parental rights, or affidavits designating another person or agency as the managing conservator of the child.
