Can One Parent Make Medical Decisions Without the Other Parent in Texas?

 Posted on September 05, 2026 in Family Law

Parents sometimes disagree about a child's medical care after a divorce or separation. A routine doctor visit may be simple to get through, while surgery and intensive treatments can raise harder questions.

In Texas, one parent can sometimes make some medical decisions without the other parent's agreement. The child custody order states who has that authority. If you have questions about medical decisions involving your child in 2026, a Marble Falls, TX family law attorney can help you understand your order.

Who Gets to Make Medical Decisions for a Child in Texas?

Texas custody orders state which parent can make important decisions for a child. In Texas, child custody is called "conservatorship," and a parent with custody rights is called a conservator.

Under Texas Family Code Section 153.071, the court specifies how parents can use their rights and duties. Some rights belong to either parent. Others require both parents to agree. However, the court can also give a right to only one parent.

Joint custody does not always mean both parents have the same medical rights. Any experienced attorney can help you interpret your custody order to ensure that you know your rights.

What Medical Decisions Can a Parent in Texas Make During Parenting Time?

In general, parents can handle some medical care while the child is with them. Texas Family Code Section 153.074 allows a conservator to consent to noninvasive medical and dental care during their parenting time, as long as acourt order doesn’t specifically limit this right.

For example, a parent may take a sick child to the doctor and consent to medical or dental care that does not involve an invasive procedure. Major treatment can be different. If a child needs surgery or another invasive procedure, the custody order determines which parent has the right to give consent.

Can One Parent Approve Surgery Without the Other Parent in Texas?

One parent can approve a child's surgery without the other parent's consent if that parent has the exclusive right to make that medical decision under the custody order. For example, Texas Family Code Section 153.132 gives a sole managing conservator the exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures, unless a court order limits that right.

Can Either Parent Get a Child's Medical Information in Texas?

Texas law states that a conservator generally has the right to receive information about the child's health. This means both parents may be allowed access to a child's medical information, even if only one can make certain treatment decisions.

A conservator can also access the child's medical records and speak with the child's doctor. The law also gives a parent the right to discuss the child's health with the other parent when possible. This helps both parents stay informed about the child's care.

What if Parents in Texas Disagree About a Child's Medical Treatment?

A disagreement does not change the rights in the custody order. The first step is to check who has the right to make the medical decision.

Some orders require both parents to agree on certain treatment. Others give one parent the final say. If a parent acts outside the terms of the order, the dispute may need to be addressed in court.

A parent may also seek to change an existing custody order. Texas courts can modify an order when the legal requirements are met and if it's in the child's best interest.

Contact a Fredericksburg, TX Child Custody Lawyer Today

Medical care is a common source of conflict for co-parents. A custody order can define who makes these decisions and how each parent stays informed.

Attorney Russ Alan Baker has more than 15 years of legal experience representing Texas families in child custody matters. If you have questions about your rights under a custody order, contact the Marble Falls, TX child custody attorney at The Law Office of Russ Alan Baker, PLLC or call 325-216-2006 to discuss your situation and the next steps.