When parents divorce or separate, disagreements do not always concern child support, visitation, or custody. Sometimes the most serious disputes involve information. One parent may fail to disclose a child's medical diagnosis, educational difficulties, counseling appointments, or other important developments. Under Texas law, however, parents who are appointed conservators generally have enforceable rights and duties concerning the exchange of significant information about their children.

Texas Family Code § 153.076 establishes an important obligation that many parents overlook: the duty to keep the other conservator informed.

Understanding this provision can help parents protect their rights, comply with custody orders, and avoid unnecessary litigation.

1. Does Texas Law Require Parents to Share Information About Their Children?

Yes. Texas Family Code § 153.076(a) provides:

"The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child."

This statutory language establishes three important principles.

First, the obligation is reciprocal. When both parents are appointed conservators, the duty ordinarily applies to both.

Second, the duty concerns significant information rather than every minor occurrence in a child's daily life.

Third, information must be communicated in a timely manner.

The statute does not permit a parent to withhold important information simply because the parents have a strained relationship.

Importantly, § 153.076 directs courts to impose this duty through their conservatorship orders. Parents should therefore examine the actual language of their orders when evaluating their legal rights and obligations.

2. What Information Must Parents Share?

The statute identifies three broad categories: health, education, and welfare.

Although § 153.076(a) does not provide an exhaustive list of reportable events, certain developments are particularly likely to qualify as significant information.

Medical and Health Information

Examples may include:

• A diagnosis of a serious medical condition.
• An emergency-room visit or hospitalization.
• A significant change in prescribed medication.
• Recommendations for surgery or substantial medical treatment.
• A newly identified developmental or psychological condition.

Consider a situation in which a child is diagnosed with a medical condition requiring ongoing treatment. One parent arranges treatment but does not tell the other parent about the diagnosis.

Depending on the circumstances and the governing custody order, that failure may constitute a violation of the duty to provide information.

The parent withholding the information cannot necessarily justify the omission by claiming to have exclusive authority over certain medical decisions.

The authority to make a decision and the duty to communicate important information are distinct legal concepts.

Educational Information

Significant educational developments may also trigger the statutory duty.

Examples include:

• A recommendation that a child receive special education services.
• A substantial deterioration in academic performance.
• Serious disciplinary proceedings.
• A proposed change in school placement.
• An evaluation identifying a learning disability.
• Significant concerns communicated by teachers or school administrators.

For example, suppose a school recommends evaluating a child for additional educational services. If one parent receives that information but intentionally conceals it from the other conservator, the conduct may raise concerns under § 153.076.

The statute does not necessarily require parents to forward every routine school announcement. Its focus is significant information affecting the child's education and welfare.

Information Concerning the Child's Welfare

The term welfare is broad and may encompass circumstances affecting a child's safety, emotional well-being, or general development.

Potential examples include serious bullying, threats to a child's safety, or significant behavioral concerns.

Whether particular information is sufficiently significant will depend on the facts.

3. Does the Duty Apply When One Parent Has Sole Managing Conservatorship?

Generally, yes, when both parents have been appointed conservators.

Texas distinguishes between sole managing conservators, joint managing conservators, and possessory conservators.

A parent appointed sole managing conservator may have exclusive authority over certain decisions. Nevertheless, that designation does not automatically eliminate the other conservator's right to receive significant information.

Texas Family Code § 153.073(a)(1) recognizes a conservator's right, unless limited by court order, to receive information from another conservator concerning the child's health, education, and welfare.

Thus, even when one parent has greater decision-making authority, the other parent may retain important informational rights.

The precise rights and duties depend on the court's order, including any limitations imposed to protect the child's best interests.

4. Can One Parent Contact the Child's School or Doctor Directly?

Often, yes.

Texas Family Code § 153.073 provides several rights that ordinarily exist unless limited by court order.

These include rights relating to access to medical and educational records, consultation with healthcare professionals, and communication with school officials.

This means that a parent who is not receiving information from the other conservator may have an independent avenue for obtaining relevant records.

For example, a parent may be entitled to contact the child's school regarding academic progress rather than relying entirely on the other parent's descriptions.

However, court-ordered restrictions, confidentiality requirements, and applicable federal or state privacy laws must still be considered.

Parents should not assume that their rights are unlimited merely because they are listed in the Family Code.

5. Does Texas Law Require Immediate Notification?

Section 153.076(a) requires information to be provided in a timely manner, but it does not establish a universal deadline of 24 or 48 hours for every significant development.

The meaning of timely communication depends on the circumstances.

A serious medical emergency may require much more immediate communication than a routine educational development.

Courts may also include specific notification deadlines in conservatorship orders.

For that reason, parents should review their actual orders before assuming that a particular delay automatically constitutes a violation.

A parent who repeatedly delays communicating important information may face greater difficulty explaining that conduct than a parent who experiences an isolated, reasonable delay.

6. Does a Parent Have to Disclose Certain Dangerous Relationships?

Texas Family Code § 153.076 contains additional, more specific disclosure obligations.

These provisions address certain circumstances involving individuals who are registered sex offenders, individuals facing qualifying criminal charges, and persons subject to specified protective orders.

The statute requires courts to impose notification duties when particular statutory conditions are satisfied.

Some of these requirements contain express deadlines and potential criminal consequences for noncompliance.

These provisions should not be confused with the general duty to communicate significant information about a child's health, education, and welfare.

They are separate statutory obligations with their own triggering circumstances.

The applicable subsection should be examined carefully before determining whether a particular relationship must be disclosed.

7. What Happens If a Parent Refuses to Share Important Information?

A violation of a conservatorship order may justify judicial intervention.

However, the appropriate remedy depends on the actual order, the nature of the violation, and the evidence available.

Enforcement Proceedings

Texas Family Code Chapter 157 provides procedures for enforcing certain court orders affecting the parent-child relationship.

If a custody order clearly requires a parent to provide particular information, a parent may be able to pursue enforcement when the obligation is violated.

However, contempt is not automatic.

An order generally must be sufficiently clear and specific to support contempt-based enforcement. Broad language requiring timely communication may present interpretive questions, particularly when the parties disagree about what information was significant or when disclosure was required.

Modification of Conservatorship Orders

Repeated withholding of important information may also become relevant in a modification proceeding.

Under Texas Family Code § 156.101, modification generally requires satisfaction of the applicable statutory grounds, including the child's best interests and another qualifying condition, such as a material and substantial change in circumstances.

A communication failure does not automatically justify changing custody.

Nevertheless, a documented pattern of withholding important information may be relevant to the court's evaluation of parental cooperation and the child's welfare.

Requests for More Specific Orders

In some cases, the most practical solution may be obtaining clearer communication requirements.

For example, an order might specify how parents must exchange important medical records, school evaluations, or emergency notifications.

More precise requirements may reduce disputes and make future compliance easier to evaluate.

8. What Evidence Should a Parent Preserve?

A parent who believes the other conservator is withholding important information should consider preserving relevant documentation.

Useful evidence may include:

• Emails or text messages requesting information.
• School records showing when significant developments occurred.
• Medical records establishing dates of diagnosis or treatment.
• Written communications demonstrating when a parent learned of an event.
• Copies of relevant provisions in the conservatorship order.

Parents should avoid turning ordinary disagreements into unnecessary litigation.

An isolated communication failure is not necessarily evidence of intentional misconduct. Courts are generally more concerned with the significance of the information, the governing order, and the actual circumstances.

A calm, written request for the missing information may resolve the problem without court involvement.

9. Can Parents Agree That They Do Not Have to Share Information?

Parents have considerable flexibility in structuring certain conservatorship arrangements, but they cannot assume that a private agreement overrides a court order.

Section 153.076(a) directs courts to impose the statutory information-sharing duty.

Any proposed change to court-ordered responsibilities should be evaluated under the applicable Family Code provisions and, when necessary, presented to the court.

A private understanding between parents is not necessarily an effective modification of an existing judicial order.

10. Why This Law Matters

Texas custody law does not treat children as the exclusive concern of whichever parent happens to have possession on a particular day.

Instead, the Family Code recognizes that parents who are appointed conservators may retain continuing responsibilities concerning their children's health, education, and welfare.

This principle matters especially when the parents have difficulty communicating.

A parent may disagree with the other parent's decisions while still being entitled to receive important information.

Likewise, a parent may possess exclusive decision-making authority without having unlimited discretion to conceal significant developments.

The law seeks to preserve appropriate parental involvement while recognizing that the child's best interests remain central.

Conclusion: Texas Parents Have a Duty to Communicate Important Information

Texas Family Code § 153.076 establishes an important principle: parents appointed as conservators generally must keep one another informed about significant matters affecting their children.

That duty can apply to medical diagnoses, educational concerns, and other important developments.

However, not every disagreement or delayed message constitutes an enforceable violation.

The specific custody order, significance of the information, timing of disclosure, and surrounding circumstances all matter.

For parents experiencing repeated communication problems, understanding their statutory rights may be the first step toward obtaining information, improving compliance, or seeking appropriate judicial relief.

David C. Barsalou, Attorney at Law, PLLC, provides legal services involving Texas family law, civil litigation, and related disputes. Parents with questions about conservatorship orders, parental rights, or enforcement proceedings may benefit from a review of their existing court orders and the applicable provisions of the Texas Family Code.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The application of Texas law depends on the facts of each case and the terms of the applicable court order.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.