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Legal Information: Texas

Custody

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Laws current as of November 3, 2025

What are the rights and responsibilities of a person, other than the parent, who is made a conservator?

If a non-parent, a licensed child-placing agency, or the Department of Family and Protective Services is appointed as a managing conservator, they are given a number of rights and responsibilities, including:

  • the responsibility:
    • of care, control, protection, and reasonable discipline of the child;
    • to give the child with clothing, food, shelter, and education;
    • to provide medical, psychological, and dental care and to consent to treatment; and
  • the right to:
    • have physical possession of the child;
    • direct the child’s moral and religious training;
    • access the child’s medical records;
    • give and receive payments for the support of the child;
    • hold and spend funds for the benefit of the child;
    • the “services and earnings” of the child;
    • consent to the child marrying or enlisting in the military;
    • act as an agent of the child’s estate, unless a guardian of the estate or guardian ad litem has been appointed;
    • decide where the child lives;
    • make decisions about the child’s education;
    • consent to the adoption of the child, if the child has no living parent or all living parents have had their rights terminated; and
    • apply for, maintain, and renew the child’s passport.1

1 Tex. Fam. Code § 153.371