When it comes to your divorce there are two areas of broad concern for spouses. The first is the division of marital property. This involves classifying property as either separate or community-owned. From there, you and your spouse negotiate over how best to divide the property considering your specific circumstances. This, in and of itself, can be a complex negotiation.
The other focus of a divorce, and ours in this blog post today, is decisions made regarding your children. In other words, child custody issues. Child custody is a broad term used to refer to several subject areas related to your children. This would include possession, visitation, child support, and conservatorship rights. It is easier to refer to all these issues under one heading. That is why child custody is so commonly used in family law cases but is not found in the Texas Family Code.
In today’s blog post from the Law Office of Bryan Fagan, we are going to focus our time on issues related to educational decisions. However, to better understand how educational decisions relate to your family law case we will examine child custody first. From there, we can better grasp how the specific issue of educational decisions can impact your family moving forward.
How does divorce impact how you parent?
In short, a divorce will fundamentally impact how you and your spouse parent your children moving forward. It would be unrealistic and inaccurate to argue that your divorce would have no impact on your children. Rather, the simple truth is that a divorce will change many facets of your child’s life. It is perfectly noble for you to try and minimize those changes. Wanting your child to go through only minimal change is something that many parents hold as a goal in the family law case.
What you need to ask yourself is how you and your spouse will manage the necessary changes together. The key word in all of this is the word “together”. You and your spouse must be able to transition from a married couple to effective co-parents. While it may be attractive to think about the end of your marriage as the end of a relationship with your spouse that would not be accurate if you are parents. Rather, parents like you will necessarily have to maintain some semblance of a relationship.
When it comes to issues related to your children it is extremely unlikely that the two of you will be able to exercise sole or even independent decision-making authority for your child. Rather, the norm coming out of a family law case is for parents to act as joint managing conservators. Before we proceed any further in today’s blog post it is worth discussing what it means to be joint managing conservators with your spouse. From there, we can better understand the decision-making process when it comes to parenting after a divorce or child custody case. This pertains specifically to educational decisions made on behalf of your children.
What does it mean to be a joint managing conservator of your children?
To be the joint managing conservator of your child means to have decision-making authority on behalf of the child. Additionally, as a joint managing conservator, you also have certain duties to care for the child. In truth, you have been a conservator of your child since the moment he was born. However, the only difference now is that your conservatorship rights and duties will be spelled out because of the family law case.
Another element to this discussion is that you and your spouse have always shared conservatorship rights and duties concerning your child. Again, the only difference is that no piece of paper spelled out specifically how those rights and duties would be divided. Rather, the two of you have always informally divided responsibilities and rights between yourselves. This is something that parents have worked together on since the beginning of time.
Now that the two of you have decided to go through a child custody or divorce case the key difference is that there is now going to be a court order which spells out specifically how your rights and duties are handled concerning your child. What’s more, there are consequences for the failure to abide by those orders. Part of this understanding is that the two of you will make decisions jointly on behalf of your children. Why is this almost always the case in a Texas family law matter involving children? The reason has to do with the best interests of your child.
The best interests of the child’s standard
Every child and every family is different. This is a simple truth that I think we would all acknowledge readily. While certain elements of parenting and family life are universal, there are many more aspects of raising a child that are unique. What makes your child’s content is different than what makes my child content. The issues that are most important to your child and your family are different than the same for my family. For this reason, courts must consider the best interests of each child that go through the family court process.
This is quite difficult to achieve. The way that courts consider the best interests of your child is to look at a range of factors in their life. These factors relate to your child’s mental health, physical well-being, and educational life. The parenting abilities of you and your spouse are other factors for a court to consider. When making decisions on behalf of your child the best interests of him or her must be at the forefront.
This relates to educational decisions. The needs of your child from an educational standpoint could be different than a child down the street. However, courts presume that it is in your child’s best interest for you and your spouse to both make decisions about educational issues. For this reason, you should expect to hold joint decision-making authority regarding your child’s education. You and your spouse are given the responsibility of a court to handle issues that are related to your child’s well-being. For the most part, those decisions must be made together, jointly.
Educational issues for joint managing conservators
Now that we have spent some time discussing what it means to be a joint managing conservator we can get into a more in-depth talk about educational decisions specifically. To begin, even if your child is not of school age yet this is a topic that will still pertain to you and your family. Children grow up quickly. This is something that you have inevitably been told many times since you became a parent. Even if you look at your child now and he is still in diapers that does not mean you can afford to consider this topic any less important. Children have different needs and will inevitably require you and your spouse to both offer opinions and judgments regarding their education.
One topic that has become more important in the years since the pandemic has been school choice. If we can think back to the years of the pandemic, we saw different schools approach the topic of attendance and structure very differently. Some schools, for instance, opened up rather quickly after the initial stage of the pandemic. Different requirements may have been in place as far as behavior is concerned but for the most part, the schools operated as normal. Counter this with different school districts across our area which stayed closed for much longer.
The parents in those days had their decision-making capabilities put to the test. These parents had to make decisions together about whether to send their child to physical school or if online, remote learning was preferable. Fortunately, parents today are not in that same position. However, you and your spouse will still need to make decisions after your divorce about the well-being of your child and the child’s best interests when it comes to learning environments.
Putting your child in the best position to succeed
A family court judge, however well-meaning, does not know what is in the best interest of your child compared to you and your spouse. The two of you, even if you disagree on many things, deep down know what is best for your child. You both may not be able to always agree on the best interests of your child. If this is the case in your divorce then a family court judge will ultimately intercede and make decisions on behalf of your child. However, in an ideal instance, you and your spouse will be able to work alongside one another and make decisions geared towards the best interests of your child.
What that looks like for your family is unique. You and your spouse can and should work together to look at your child’s life and make decisions geared towards his best educational outcomes. Fortunately, in Texas, we have many options when it comes to education. The public school in your area may be well suited to helping your child achieve success academically. Sadly, that is not always the case. As a result, parents have voiced their opinions by withdrawing children and placing them either in private schools or home school environments. Depending upon your circumstances and your specific goals for your child either of these two options may be something worth pursuing.
Working alongside your co-parent when making decisions for your child
One of the great challenges and opportunities of joint managing conservators is to be able to work together to manage the day-to-day educational affairs of your child. On the one hand, the two of you have all the tools necessary to make decisions on behalf of your son or daughter when it comes to their education. There is no secret sauce or technique you need to learn to be effective parents when it comes to their educational well-being.
At the same time, there are definite challenges when it comes to working alongside your co-parent when it comes to educational decision-making. While both of you may want what is best for your child you may have completely different views on what your child needs to succeed. In the future, the two of you will not be able to go to the judge on every individual decision made on behalf of your child. For that reason, it is in the best interest of your child to go ahead and begin to make decisions together jointly during the divorce. This can help prepare you for the remainder of your child’s educational life.
If possible, begin by talking to your spouse during the divorce how about your child’s educational future. In truth, for most families, this may look like continuing the path your child has been on. Attending a public school in your area may make complete sense for your family. On the other hand, your child may need a different approach. This is where he or she can benefit from a parent who is diligent and capable of working with the other parent. Setting aside differences and looking at the best interests of your child is what matters the most.
Do parents ever gain sole decision-making authority when it comes to educational decisions in a family law case?
A reasonable question to ask at this point is whether parents could ever realistically gain sole decision-making authority when it comes to educational issues. The answer to this question is that parents can gain independent or exclusive decision-making authority regarding educational outcomes. Keep in mind, however, that this is not the norm. You should not necessarily go into your divorce or child custody case expecting to gain independent or exclusive decision-making authority on these subjects.
With that said, if the best interests of your child require this sort of court order, then that is what will happen. Typically, sole custody or managing conservatorships are the exception rather than the rule in Texas. I realize that you may be going into your family law case with sole custody of your child as a goal. The specific circumstances of your case would need to be examined in greater detail. Only then could an attorney be able to advise you as to whether this is a likely outcome.
Theoretically, if a parent has shown an inability to make good decisions for their children, then sole managing conservatorships are possible. More specifically, you can gain exclusive decision-making authority regarding your child’s education as a part of a sole managing conservatorship. You would need to produce clear and convincing evidence to the court that it is contrary to the best interests of your child that your co-parent has decision-making authority of any kind regarding your child’s education. Because this is such a challenging argument to make having an attorney to help guide you during this argument is advisable.
Final thoughts on educational decision-making in a family law context
Undoubtedly, you care a great deal about your child’s education. When the attorneys with the Law Office of Bryan Fagan ask our clients about the most pressing or critical issues in their case, educational outcomes for their children are almost always at the top of the list. Every parent wants what is best for their child. Most parents view education as a springboard to success as an adult. Being able to make decisions on behalf of your child and their education is seen as essential for most parents in a family law setting.
With that said, you need to view your decision-making authority regarding educational outcomes as a joint effort with your spouse. A divorce may be the end of a marriage relationship, but it is far from that when it comes to your parenting relationship. In many ways, a divorce is the beginning of even more critical relationships that you share with your spouse. Managing the decision-making authority regarding your child’s education is just one part of a divorce or child custody case.
Thank you for joining us here on the blog for the Law Office of Bryan Fagan. Our attorneys walk alongside parents just like you every day. Whether we are in the courtroom or negotiating in mediation, our attorneys know what it takes to achieve success for parents. Do not take any area of your family law case for granted. Working with an attorney helps to ensure that you put your best foot forward in a case.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
