Parental Rights in Texas

Texas Parental Rights News

How Are You Holding Up?

August 5, 2020

For so many of us, it seems like 2020 is the year that will never end. From COVID-19, to killer hornets, to hurricanes, to COVID-19 . . . yes, I already mentioned that, but it just keeps going on. How are you holding up? It’s been tough, I know. My own 2020 has been a…

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Texas State Law and Parental Rights


Texas Family Code Sect. 151.003 declares the following:

"A state agency may not adopt rules or policies or take any other action that violates the fundamental rights and duty of parents to direct the upbringing of the parent's child."

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Texas Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

Texas courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right deserving of the strict scrutiny standard.

In In re Pensom, 126 S.W.3d 251, 254 (Tex. Ct. App. 2003), a Texas Court of Appeals ruled, "Because a fundamental right is implicated here [that is, parental rights], we apply strict scrutiny and will uphold the statute if it is narrowly tailored to serve a compelling government interest," citing Troxel, 530 U.S. at 79 (Souter, J., concurring) and 80 (Thomas, J., concurring).