For many parents, one of the biggest challenges after divorce isn’t just figuring out where their children will live—it’s deciding who gets to make the important calls about their education. What school will they attend? Who decides if they should move districts? What happens if parents disagree on extracurricular activities?
These aren’t small issues, and they can quickly become sources of conflict if parents aren’t clear about their rights under Texas law.
Custody in Texas Means “Conservatorship”
In Texas, what most people think of as custody is called conservatorship. Conservatorship covers the rights and duties parents have toward their children—including making decisions about their schooling.
There are two main types:
- Joint Managing Conservatorship (JMC): In most cases, Texas courts presume that parents should share decision-making. This means both parents may have the right to make decisions about education. (Texas Family Code §153.131
- Sole Managing Conservatorship (SMC): In some situations, one parent may be given the exclusive right to make certain decisions, including where a child goes to school. This usually happens if the court determines that joint decision-making isn’t in the child’s best interest.
What if Parents Disagree About School Choices?
Even in a joint managing conservatorship, conflicts can arise. One parent may prefer a private school while the other favors public. Or one may want to move the child to a different district for convenience.
If both parents have equal rights, neither can simply make the decision alone. When disputes can’t be resolved, a judge may step in. The court will always consider the best interest of the child, which can include factors like:
- The child’s current stability and routine
- Academic performance and available resources
- How a change would affect the child’s relationships and well-being
Extracurricular Activities Count, Too
School decisions aren’t only about academics. Parents often disagree about sports, arts programs, or after-school activities. These can involve costs, travel, and scheduling conflicts that impact both households.
Unless one parent has been given exclusive rights in this area, both typically must agree. That’s why many parenting plans outline not just visitation, but also how extracurricular expenses and decisions will be handled.
Why It’s Important to Get Agreements in Writing
Verbal agreements are fragile, especially when emotions are running high. A well-written custody order or parenting plan can save everyone stress by spelling out who has the right to make educational decisions. That way, if conflict arises later, you don’t have to start from scratch—or rely on memory.
Final Thoughts
Education is one of the most important aspects of a child’s future, and Texas courts take these decisions seriously. Whether you’re working through a custody order for the first time or considering modifications, understanding how conservatorship works is key.
If you’re uncertain about your rights—or already running into disagreements—it may be time to get legal advice. With the right guidance, you can create a plan that supports your child’s success while reducing conflict between parents.