Legal Question in Family Law in Texas
My husband and his first wife divorced 10 years ago, the child is now 13 and going into high school next year. His mother has primary custody but the agreement has been for many years that the child spend one week on and one week off at each household. The child has been using his father's address for middle school as the school was better that the school that his mother's address feeds into. The same is true of the high school, however the mother has decided that the child will be going to the high school that her address feeds into. She will not discuss it at all with the child's father and did not include him in the decision. What are his rights as a father not to force him to go to the school he wants him to go to but to have a seat at the decision making table? and how do you go about enforcing those rights?
2 Answers from Attorneys
This is a difficult situation, and I am guessing that the two parties have independent rights to education decisions. My suggestion would be to first try to keep a skirmish from becoming a war. It is smart to be proactive now, since that 8 months can go by fast. Review the decree and see if it has mediation/arbitration provisions. If so, follow those directions. Obtain a mediator, and notice her that he is invoking the mediation provisions. If she does not cooperate, then he may need to retain an attorney, and seek to modify the decree to resolve this one issue. Do not be surprised if she retaliates with a barrage in the counterpetition. He should consult with an attorney (most offer a low cost brief initial consultation) to fully explore his options. Good luck.
I agree with Theresa. You need to carefully read the current court order and see what it says about Mediation. If possible, mediation is the way to go because it is the cheapest alternative to court.
I encourage parents to work together for the best interests of the child. Sometimes the parents cannot agree. The judges do not like to determine which school is better for the child. Since judges are elected in in the State of Texas, this is a decision that the judges like to avoid.
I encourage you to consult with an experienced family law attorney. There are websites and experts willing to assist you in trying to establish which school is best for the child. Unfortunately, going to court is going to cost a lot of money.
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