Unfortunately, sometimes parents do not provide for their own children. These situations can arise when a parent is neglectful or when a parent takes advantage and “uses” a nonparent friend or relative by getting the nonparent to provide for the child. When this happens, does the nonparent have a legal claim, under Texas law, against the parent for the expenses he or she incurred to provide for the parent’s child?
Under the Texas Family Code, parents have a legal duty to support their children, including providing their children with clothing, food, shelter, medical and dental care, and education. A parent’s duty to support his or her child exists while the child is an unemancipated minor. Furthermore, the Texas Family Code provides that any parent who fails to discharge the duty of support is liable to a person who provides necessaries to his or her child.
Therefore, Under Texas law, a nonparent does have a legal claim for reimbursement against a parent when the nonparent provides necessaries to the parent’s child, and the parent has failed to discharge his or her legal duty of support.
For more information about a parent’s liability to a person who provides necessaries to the parent’s child contact the Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com. We have offices in Dallas, Denton, and Lewisville. We also have offices by appointment only in Frisco, Plano, and Ft. Worth.
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