Every summer as the calendar flips to August, parents everywhere realize just how underpaid teachers are as they prepare their kids to return to school in just a few days. For divorced parents, navigating a school year in a coparenting relationship brings an additional set of challenges. It's important that both parents realize that they each continue to be involved in their child's schooling even after a divorce. Their involvement contributes to the child's "best interests," the main consideration in any child custody case. While navigating a new school year can be challenging under even the best of circumstances, it's important for divorced parents to know their rights regarding their child's schooling.
Divorced Parents' Rights Regarding Their Child's Schooling
Choosing a School
In a divorce/child custody case one parent, also called a conservator, is usually designated as the parent with the exclusive right to enroll a child in school. This is a right that is either agreed upon by the parties or ordered by a judge under the Texas Family Code. See Texas Family Code §151.001(10). Thus, one parent will be responsible for choosing the child's school and for formally enrolling the child at the school. This right can sometimes be tied to a geographic restriction, i.e., a certain school district or in one of many districts but within a certain county. Or, this right can extend to any school within a broader geographic restriction ordered by the judge. A divorced parent should consult with their attorney and review the specific language of their Divorce Decree or Custody Order to determine the applicable school enrollment parameters.
Access to School Records
Absent a court finding that it is not in the child's best interests, the Texas Family Code and other applicable Texas and Federal law grants each divorced parent the right to access their child's school records. This includes report cards, attendance records, and the commonly utilized online portals that show homework assignments, ongoing grades, and school calendars. A divorced parent can show the school the Decree or Custody Order to get access to these records if this becomes an issue. This right extends to activities such as "back to school night" or "meet the teacher." Absent a court order to the contrary, either parent may attend those activities, even if he or she doesn't have possession of the child on the day those events occur. Again, it is important to read the specific language of your Divorce Decree or Custody Order.
School Uniforms and Supplies
Purchasing new school supplies and school uniforms can be a fun — and expensive — experience for parents every August. However, unless a Divorce Decree or Custody Order provides otherwise, these items are considered part of child support, and a divorced parent cannot force his or her ex-spouse or child's other parent to pay for uniforms or supplies. As always, the specific language of a Divorce Decree or Custody Order will control.
School Attendance
The Texas Family Code mandates that a divorced parent provide his or her child with education. See Texas Family Code 115.001(3). Courts interpret this to include a parent's duty to take his or her child to school every school day on time. In fact, if a child is repeatedly tardy or absent without a valid reason during a possession period with a parent, courts can use that to modify possession and access, and restrict possession and access on school days in certain cases.
In conclusion, being a divorced parent does NOT mean you cannot be a part of your child's education and school life. It's important to know both your rights and duties as a divorced parent of a school aged child. It goes without saying that the Divorce Decree or Custody Order language will control over general principles in this area, so always refer back to that document.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
