When discussing education decisions and school choice in a custody case, there are typically two rights outlined in the Texas Family Code that will be most important. Those are the right to designate the primary residence of the child and the right to make educational decisions.
In child custody cases, there will typically be one conservator appointed as the conservator with the exclusive right to designate the primary residence of the child. This right is usually subject to a geographic restriction that this conservator must establish the child’s residence within. Because of this, in most cases the conservator with the exclusive right to designate the primary residence of the child will also decide which public school the child will attend.
The other right that can affect school enrollment is the right to make educational decisions. There are many decisions in school that can fall under this right, including but not limited to:
- Special Education services,
- Participation in Sexual Education courses,
- Whether a child is enrolled in Advance Placement Courses or a Dual Credit program,
- Testing for learning disabilities,
- Bilingual instruction,
- School Trips, and
- Attendance at a Charter or Magnet School.
This right can be independent, joint, or exclusive to one conservator. If this right is independent, each conservator would have the right to make any decision concerning the child’s education during their time without the consultation of the other parent.
A joint right to make this decision would require the parties to reach an agreement on a decision. Many families choose to include a tie-breaker with joint rights to avoid a situation where they are dead-locked on a decision. Most often the person serving as a tie-breaker would be the school counselor or an independent education consultant.
Having the right be exclusive to one parent is also an option and would allow one parent to decide regarding educational needs of the child without any conflict. Although a parent may have this exclusive right, that parent would still be obligated to keep the other parent informed of matters related to the child’s education.
What Happens if You Want to Enroll in Private School or Charter Schools?
The exclusive right to designate the primary residence of the child will not automatically give you the right to enroll the child in a school outside of the public school zoned to your residence. It is important to consider whether you would be interested in enrolling your child in private school or charter when deciding how you would like educational decisions to look.
One option would be adding an additional right related to school enrollment. This would take out the necessity of reaching an agreement under the educational decision right. If one parent has the exclusive right to enroll in school, the parents can focus their attention on the services and experiences the child will be allowed to participate within the school.
Another option to consider is an agreement that specifies the schools or the areas in which a private school or charter school must be located for a child to attend that school.
If you are interested in learning about ways to combat potential issues that may arise regarding educational decisions or school enrollment, please contact our office to set up a consultation.