Which Parent Can Enroll a Child in School?

Photo of Empty Class Room

When school goes back in session I get lots of calls about which parent is in charge of enrolling the child in school? Which parent’s residence is used to enroll the child in school? What restrictions can be put in place for where children can be enrolled in school?

In Texas, when parents have a custody order or divorce decree, there is a primary parent (managing conservator) and non-primary parent (possessory conservator). Typically the primary parent is the parent in charge of where the child(ren) will be enrolled in school. That school district is then tied to the primary parent’s address. Some parents negotiate the child(ren)’s area of school enrollment as part of their custody orders or divorce decree. The child(ren) might be restricted to one particular school zone, as long as one parent resides in that zone.

In Texas, Parents can put in restrictions on where the child(ren) are enrolled as part of their custody orders or divorce decrees. It is common to limit the child(ren)’s primary residence to a geographic area. Commonly the County where the child(ren) reside at the time of the court order is the limitation, but other surrounding Counties can also be included. Parents can restrict the child(ren)’s residence down to one local school district, if parents want to ensure they will have short travel distances to drop off and pickup the child(ren) when they have the child(ren) with them. In addition to restricting a geographic area where the children can primarily reside, they can also restrict the school enrollment area (school district) as long as one parent remains living in that school zone. That way if a parent moves farther away, and one parent stays close to the school, then the child’s school stays the same, it’s just the moving parent’s commute to pickup/dropoff child(ren) that gets longer.

Parents are allowed to reach agreements between themselves, even if they are contrary to prior agreements or court orders. If parents agree to change a school or agree on a relocation move, then it is highly advisable for those agreements to be put in writing, signed, and filed with the court. If child support or other payments are waived in exchange for a relocation, parties must get a new court order, signed by a Judge, to make child support or other payment changes.

It is important for people to review their prior Orders to make sure they stay within the proper geographic restrictions, school enrollment zone, and other educational restrictions. Consulting a local attorney who can review your old court documents can ensure you stay within bounds in your case.