Back-to-School Custody Disputes in Texas: Who Decides Where a Child Goes to School? - Ep 87

As summer comes to an end, many divorced and separated parents face an important question: Who gets to decide where the children go to school? In Episode 87 of Cases & Cocktails, Bryan and Janice Eggleston discuss the back-to-school issues that commonly lead to litigation, including school choice, extracurricular activities, and the importance of understanding your Texas custody order. 

Over a refreshing Watermelon Margarita made with tequila, watermelon, and agave, the conversation explores why this time of year often brings an increase in family law disputes. 

School Choice Starts with Your Court Order

Many parents assume the parent with primary custody automatically decides where a child attends school. Bryan explains that while this was often true in the past, modern Texas custody orders frequently address school enrollment differently. Some orders assign the decision to one parent, while others require the parents to agree. 

The challenge comes when an order requires mutual agreement but provides no solution if the parents cannot agree. In those situations, the only option may be returning to court for a judge to decide. 

There Is No Perfect Formula

The episode examines several ideas families sometimes propose, such as choosing the school with the highest state ranking or using arbitration when disagreements arise.

Bryan and Janice explain that school rankings rarely tell the whole story. Factors such as a child's academic needs, extracurricular opportunities, special education resources, commute times, and overall fit may be far more important than a numerical ranking. Every child is different, and no single formula works for every family. 

Private School Brings Additional Challenges

When one parent wants private school and the other prefers public school, financial considerations often become part of the dispute.

Unless both parents agree, courts are generally reluctant to require private school tuition—especially if one parent cannot afford the added expense. Parents requesting private school should be prepared to explain why it benefits the child and how those costs will be handled. 

Extracurricular Activities Can Create Conflict

Back-to-school disagreements often extend beyond the classroom.

Travel sports, music programs, clubs, and other activities require time, transportation, and money. If activities occur during both parents' possession periods, disagreements over scheduling and expenses can quickly become contentious. 

Bryan and Janice emphasize that when parents cannot cooperate, children are often the ones who miss opportunities. Communicating early and planning ahead can prevent many of these conflicts.

Put the Child First

Throughout the discussion, the hosts return to one central principle: decisions should focus on what is best for the child—not what creates leverage between parents.

Whether choosing a school or deciding on extracurricular activities, successful co-parenting requires communication, flexibility, and a willingness to work together whenever possible. When agreement cannot be reached, understanding your custody order and seeking legal guidance early can help avoid unnecessary litigation. 

The Takeaway

Episode 87 reminds parents that back-to-school season is about more than buying supplies—it is also a time to review custody orders, discuss school plans, and resolve disagreements before classes begin.

Planning ahead and keeping the child's best interests at the center of every decision can help families avoid unnecessary conflict and create a smoother start to the school year.

Questions About Child Custody, School Choice, or Parenting Plans in Texas?
The Eggleston Law Firm in Spicewood, Texas, helps parents navigate custody disputes, parenting plans, and other complex family law matters with experienced guidance and practical solutions.