Who Decides Where Your Child Goes to School After Divorce?~2 min read
If you and your ex-spouse do not agree on where your child should attend school, your custody order will determine who has the right to make that decision. In Texas, it often depends on who has legal custody and whether that authority is shared or assigned to one parent.
Understanding Educational Decision-Making Rights
After a divorce, one of the important decisions you may face is choosing a school for your child. Whether it is a change from public to private school, moving to a different district, or selecting a special program, the first thing to look at is your custody order. In Texas, the right to make educational decisions is typically outlined in the court’s parenting plan.
That right may be assigned to one parent exclusively, or it may be shared. If it is shared, both parents must agree before making any changes to the child’s school. If only one parent has the exclusive right, that parent gets to decide.
What If You Cannot Agree?
If you share decision-making rights and cannot agree on a school, you may need to return to court or work with a mediator to reach a resolution. A judge will consider what is in the best interest of your child, including educational opportunities, distance between homes and school, the child’s needs, and stability.
If one parent tries to change schools without the other’s agreement when joint decision-making is required, that could lead to legal consequences.
Things to Consider Before Making a Change
Before making a school change after divorce, consider these points:
- Does your custody order allow you to decide alone?
- Will the new school create a longer commute or disrupt your child’s routine?
- How does the change affect your current parenting schedule?
Keeping your child’s needs and best interests at the center of the conversation can help reduce conflict and lead to better long-term outcomes.
Contact Springer & Lyle
If you are facing disagreement about your child’s school or want to clarify your rights, the attorneys at Springer & Lyle can help. We provide experienced, practical advice to parents throughout Texas. Contact Daniel Abasolo today at 940-387-0404 to schedule a consultation and learn how we can support you and your family.
Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.
Daniel Abasolo
Daniel Abasolo is a family law attorney and mediator. He earned his law degree from Texas Tech University School of Law and holds a Bachelor of Arts from Texas A&M University. Recognized as a Rising Star by Super Lawyers Magazine from 2015 to 2023, he has completed over 100 hours of continuing legal education in Alternative Dispute Resolution and Collaborative Divorce. He also serves as a certified attorney ad litem, representing children and other vulnerable individuals in family law matters.
