With the start of school just a couple of weeks away in Texas, parents are left needing to make a decision on how their children’s return to school will be handled. With the presence of coronavirus still very much active, parents may find themselves in disagreement with one another on this issue.
To help, we’re answering some common questions that separated and divorced parents have on this topic.
What happens if parents don’t agree on sending their children back to school?
This is probably the most common question among disagreeing parents. While the best thing you can do is try to reach some sort of an agreement with the other parent that you are both comfortable with, it’s not always this simple. With that being said, decisions on how the child’s education are to be handled are generally outlined within a court order.
However, if an agreement simply cannot be reached, a modification to a court order may be an option to pursue. A court order is what would enforce how this situation would be handled.
Which parent can make a decision on the child’s education during COVID-19?
If divorced parents are joint managing conservators of their children, both have decision making rights over how their child’s educational decisions are made. However, the best place to start is by looking at what your custody order says.
In Texas, the rights and duties are often divided equally. But certain rights should be outlined in any order. For more on this, see Texas Family Code 153.071. If the order states the one parent is in charge of making this decision, then ultimately the decision will be up to them. That is to say, without some sort of modification to the order.
Usually your custody court order will spell out which parent is in charge of what. If you are unsure, it’s a good idea to speak with an attorney about the options you have if you don’t agree with the other parent.
Can one parent remove the child from in-person learning if the other parent has them return?
Probably not. Additionally, it’s possible this action could violate a court order. In doing so, that parent could be in contempt of court and possibly face enforcement action.
Best course of action? Speak with an attorney on this matter. You want what is best for your child. But it’s important that decisions are being made in accordance with what is enforceable by a court order.
Can I just take the other parent to court if we don’t agree on our child’s return to school?
You have that option, but it’s best to start with a modification of a court order if you are in disagreement. Going to court can be costly, so you want to try and settle any disagreements about school as amicably as possible. Not doing so can create additional stress for not only you, but for your child as well.
Need additional guidance on returning to school during COVID-19?
We are facing unprecedented times. With that comes uncertainty, worry, and tension among parents. If you are in a situation where you don’t agree with the other parent on how to handle your child’s return to school amid COVID-19, we are here to help. Contact us with any questions.
