Can I change my child’s school?

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It is the start of a new school year. Do you know what rights and authority you have regarding your child’s school enrollment?

There are many reasons a parent may be faced with the need to deal with school enrollment.  Perhaps the child is starting school for the first time.  Or maybe you have recently moved to a new school district.  Or, you are making a change between private and public school.  And, during this time of Covid-19, you, like many parents, are faced with the hard decision of whether to send your child to school or look for other at-home options.  Whatever your reasons may be, whether or not you can make that change will likely depend on what is stated in your child custody order. 

As a managing conservator, you have a right to make certain legal decisions regarding your child. The amount of authority you have depends on whether you are a sole or joint managing conservator.  As a sole managing conservator, you typically have the right to make most, if not all, of the legal decisions regarding the child.  This may include medical, educational, and other matters.  As a joint managing conservator, you typically have to share these rights with the other parent, unless you have exclusive rights to specific decisions.  

Even if you have the exclusive right to designate the primary residence, you may or may not have the exclusive right to make education decisions.  

Therefore, if you find the need to change the child’s school or enroll the child in a specific school, you may want to check the following:

  • Do you have sole or joint managing conservatorship?

  • If you have joint managing conservatorship, do you have the exclusive right to designate primary residence?

  • Even if you are able to move with the child, do you have the exclusive right to make education decisions?

  • Even if you have the right to make exclusive education decisions, do you have to inform the other side? When do you have to inform the other side? How should you do that? 

Sometimes reviewing and interpreting the child custody order can be a daunting task.  Therefore, it is important for you to consult with an attorney in the event that you don’t understand what is stated in the Order.  

The content provided in this blog is for informational purposes only.  This is not legal advice, and your viewing of this blog does not form any attorney-client relationship. 

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