With summer winding down and the first day of school fast approaching, parents everywhere are preparing for a new year of homework, school projects and parent-teacher meetings. For families navigating divorce or separation, this season can bring additional challenges. Balancing new schedules and tense custody arrangements can make it harder to stay actively engaged in the child’s education.
In Texas, the law recognizes that a child benefits when both parents play a role in their learning and school life. This means that even if parents live apart, both often retain rights to participate in educational decisions, access school records and attend events. Still, how those rights are exercised can vary based on conservatorship agreements, and misunderstandings can quickly lead to conflict.
Conservatorship and school rights in the Lone Star State
In Texas, custody is known as conservatorship, and it comes in three basic forms:
- Joint managing conservatorship (JMC)
- Sole managing conservatorship (SMC)
- Possessory conservatorship
JMC is the most common and generally allows both parents to remain actively involved in decision-making and education matters. Unless a court order says otherwise, both parents have rights, such as:
- Accessing school records
- Communicating with teachers
- Attending parent-teacher conferences and school events
- Being listed on emergency contact forms
FERPA, the federal Family Educational Rights and Privacy Act, adds another layer of protection. It gives co-parents the right to review their child’s educational records unless a court order revokes that right.
Making educational decisions after divorce
State law distinguishes between the right to choose where a child will be enrolled and other educational decisions, such as class selection or testing placement. When a parent is named sole managing conservator, they may have exclusive decision-making authority over school enrollment. However, they still need to share that information with the other parent. Under JMC, the court order should specify whether educational decisions are independent, exclusive or require joint.
Divorce or custody arrangements can complicate co-parents’ involvement in their children’s education as the school year starts. Luckily, Texas law and federal protections offer tools to help ensure both parents can access records and participate meaningfully. By understanding conservatorship terms, enlisting dedicated legal support and being proactive when modifications are needed, co-parents can help ensure that they curate a stable, supportive co-parenting arrangement.