Where can my child attend school after a divorce?

UPDATED: Sep 30, 2022

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Where can my child attend school after a divorce?

My wife and I are divorcing, it is an uncontested divorce and we are entirely civil. I

just wonder since I am filing, is she obligated to go to the district I reside in? We

would much rather her go to the district her mother resides in since she has been

there since birth. Even if I’m filling, are we allowed to determine our child’s school

district to suit our choices?

Asked on August 29, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you and your wife are civil, then you can put in the final divorce decree what your joint decision is for choice of schools or districts.... or you can designate one of you to make that decision.  Instead of geographic restrictions or designating someone 'primary', many good coparents are options for parenting plans that simply set out a restriction for schools or school districts so that issues do not arise later.  This technique also serves to alleviate the competition for one parent being name 'primary' over the other.  Basically...whatever you agree to, you can put in the decree.

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