Divorce can bring many changes to your family life. One question that comes up for many parents is whether they can move their child to a different school district after the divorce is final. The Cook Law Firm & Associates PLLC, wants you to know how these moves are handled and what the process might look like if you decide a new school is best for your child.
What Does the Custody Decree Have to Do with Schools?
When a couple divorces, the custody decree (sometimes called the final divorce decree or custody order) usually includes details about your child’s living arrangements and visitation schedule. If there is a “geographical restriction,” it might limit where the child can live and go to school. This restriction often requires the child to remain within a certain county or region unless the court or the other parent approves moving outside that area.
If you have the exclusive right to decide the child’s main residence, that typically means you can decide where the child will live. However, this right might still be limited by a geographical restriction in your court order. The custody decree may also spell out whether you share decision-making power regarding your child’s education. This means that even if you can decide where the child lives, you might still need the other parent’s agreement to switch schools if educational decisions are meant to be made jointly.
Can a Parent Move If They Have the Right To Designate the Child’s Primary Residence?
Parents who are given the right to choose the child’s primary residence might assume they have total freedom to move the child to another school district. While this is sometimes the case, the court might still require that any move must fall within the set geographical limits.
For example, if your decree states that your child must reside in Bexar County, you might move anywhere within that county—possibly even changing to a nearby school district—without needing special permission, as long as you do not violate any joint decision-making requirements. But if you decide to move to a different county, you may need to seek permission from the other parent or ask the court for a modification of your existing order. Courts in Texas usually want to ensure that moves are in the best interest of the child and do not unfairly disrupt the other parent’s visitation schedule.
What If Both Parents Must Agree on School Decisions?
In some divorces, the court grants joint decision-making power over important issues like education. When this happens, neither parent can unilaterally change the child’s school district without the other parent’s agreement. The Third Court of Appeals in Austin has clarified that having the right to decide the child’s primary residence does not automatically mean you have the final say on the child’s school. Instead, both parents may need to agree, or you may need to return to court and request a ruling.
If you and your former spouse disagree about whether the child should change schools, the court may look at the following:
- The child’s academic, social, and emotional needs
- The distance between the new school and the other parent’s home
- The reasons for the desired move (such as employment, better educational programs, or living closer to extended family)
- The impact on the child’s stability and routine
Because these questions can be complicated, having legal advice is often advised to ensure your concerns are properly presented to a judge.
When Is Court Approval Needed To Change School Districts?
You may need court approval if you want to move your child outside any geographical restriction set by your final divorce decree or if the other parent does not agree with a proposed change in schools. In that situation, you must typically file a modification suit. A modification suit asks the court to change part of your existing order because circumstances have changed since the original decree was signed, or because the change is in the best interest of your child.
During the modification process, you will need to explain why changing the child’s school district is a good idea. The judge will think about whether it is in the child’s best interest to move schools, how it affects the child’s relationship with the other parent, and whether it disrupts an existing custody schedule. Because every family’s case is different, the outcome will depend on the specific facts of your case.
Do Texas School Districts Have Their Own Policies?
Yes. Even if you are allowed to move your child to a new area, you may also need to follow the rules of the new school district. Public school districts in Texas often require that students live within district boundaries unless they receive a special transfer. Many districts allow out-of-district students, but they often charge fees or have specific requirements.
Sometimes, a child can finish the current school year in the same district even if you have moved out of the area. But this is not guaranteed. Each district may have its own policies, so you should check with both your current and new districts to understand how to enroll or keep your child enrolled.
How Do You Transfer Your Child to a New District in Texas?
If the court or the other parent has approved the school change—or if your final decree already allows you to move without extra permission—you will likely need to go through the receiving district’s transfer process. This often includes filling out an application, providing documents such as proof of residency (if you plan to live in the new district) or proof of your desire to transfer from out of district, and meeting any other guidelines that district has in place.
Many parents are surprised that the school district itself can say “no” to a transfer request. While this does not happen often without a strong reason, it is still something to keep in mind. Districts might deny a transfer if the school is already at capacity, if the family has unpaid fees, or if the child has previous disciplinary or attendance problems. Because rules vary from one district to another, it is important to carefully review the guidelines before finalizing your moving plans.
Ready To Seek Help? Call a Texas Divorce Lawyer Today
Changing your child’s school district after a divorce can be complicated, especially if you share decision-making responsibilities with the other parent or if a geographical restriction applies. At The Cook Law Firm & Associates PLLC, we know how important it is to protect your parental rights while also making sure your child gets the education they deserve. We strive to guide you through every step, from understanding your court order to seeking any necessary modifications.
If you are considering changing your child’s school or have questions about your current custody arrangement, call 210-740-0281 or contact us online to schedule a consultation. Let us help you find the best path forward for your family.