Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a managing conservator of the child has the following rights and duties:
(1) the right to have physical possession and to direct the moral and religious training of the child;
(2) the duty of care, control, protection, and reasonable discipline of the child;
(3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care;
(4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records;
(5) 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;
(6) the right to the services and earnings of the child;
(7) the right to consent to marriage and to enlistment in the armed forces of the United States;
(8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government;
(10) the right to designate the primary residence of the child and to make decisions regarding the child's education;
(11) the right to designate the school the child will attend and to enroll the child in the school, subject to any eligibility or admissions requirements;
(12) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and
(13) the right to:
(A) apply for a passport for the child;
(B) renew the child's passport; and
(C) maintain possession of the child's passport.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 34, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 949, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1036, Sec. 16, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.044, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 733 (H.B. 555), Sec. 2, eff. September 1, 2019.
Acts 2025, 89th Leg., R.S., Ch. 591 (H.B. 2495), Sec. 5, eff. September 1, 2025.
Notes of Decisions
Cited in
47
cases (
15 in the last 5 years), 1998–2025 · leading case:
Wernecke v. Garcia, 591 F.3d 386 (5th Cir. 2009).
Wernecke v. Garcia, 591 F.3d 386 (5th Cir. 2009).
· cites it 2× “” Tex. Fam.Code Ann. § 153.371(1), (2). Section 261:303(b), on which the district court relied, is entitled “Interference With Investigation; Court Order,” and states that “[i]f admission to the home, school, or any place where the child may be cannot be obtained, then for good…”
in the Interest of C.F., Jr., K.F. & C.F., Child., 565 S.W.3d 832 (Tex. App.—Houston [14th Dist.] 2018).
· cites it 2× “Legal standards A managing conservator is the person or entity who, by court order, has been awarded custody of a child and may determine the child’s primary residence.”
In re R.A.G., 545 S.W.3d 645 (Tex. App.—El Paso 2017).
“See TEX.FAM.CODE ANN. § 153.371 (West Supp. 2016).”
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
“and the children’s father”); Tex. Fam. Code §§ 153.371(10), 101.0133 (as child’s managing conservator, DFPS has “the right to designate the [child’s] primary residence,” including foster placement); see also 81 Fed.”
In re Kerst, 237 S.W.3d 441 (Tex. App.—Texarkana 2007).
“See Tex. Fam.Code Ann. § 153.371(10) (Vernon Supp.”
Pagliaro v. Jones, 817 A.2d 756 (Conn. App. Ct. 2003).
“” Tex. Family Code Ann. § 153.371 (Vernon 2002) delineates the rights of a nonparent appointed as sole managing conservator.”
Off. of the Attorney Gen. v. Carter, 977 S.W.2d 159 (Tex. App.—Houston [14th Dist.] 1998).
“See generally TexFam.Code Ann. §§ 153.371, .372 ("Rights and Duties of Nonparent Appointed as Sole Managing Conservator”; "Nonparent Appointed as Joint Managing Conservator”).”
in the Interest of J.G.I.G., No. 04-21-00161-CV (Tex. App.—San Antonio Sept. 15, 2021).
· cites it 2× “See TEX. FAM. CODE ANN. § 153.371 (1), (10); In re C.”
Tex. Fam. Code § 153.371(1): 2 cases
Wernecke v. Garcia, 591 F.3d 386 (5th Cir. 2009).
“” Tex. Fam.Code Ann. § 153.371(1), (2). Section 261:303(b), on which the district court relied, is entitled “Interference With Investigation; Court Order,” and states that “[i]f admission to the home, school, or any place where the child may be cannot be obtained, then for good…”
Tex. Fam. Code § 153.371(10): 6 cases
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
“and the children’s father”); Tex. Fam. Code §§ 153.371(10), 101.0133 (as child’s managing conservator, DFPS has “the right to designate the [child’s] primary residence,” including foster placement); see also 81 Fed.”
In re Kerst, 237 S.W.3d 441 (Tex. App.—Texarkana 2007).
“See Tex. Fam.Code Ann. § 153.371(10) (Vernon Supp.”
Tex. Fam. Code § 153.371(12)(A): 1 case
Tex. Fam. Code § 153.371(2): 3 cases
Wernecke v. Garcia, 591 F.3d 386 (5th Cir. 2009).
“” Tex. Fam.Code Ann. § 153.371(1), (2). Section 261:303(b), on which the district court relied, is entitled “Interference With Investigation; Court Order,” and states that “[i]f admission to the home, school, or any place where the child may be cannot be obtained, then for good…”
Tex. Fam. Code § 153.371(3): 1 case
Tex. Fam. Code § 153.371(8): 3 cases
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