Legal Question in Family Law in Texas

Is Pre-K fall under ''School'' when it comes to divorce terms?

In my husbands divorce decree with his ex wife, it states that my husband gets his son for the summer and has to wait until 10 days after school lets out to go pick him up (they have joint custody). He has not started Kindergarden yet, and is attending a pre-K program that his mother pays for. I feel that is a personal decision she made, but does that legally mean we have to wait for him to finish pre-k and THEN 10 days, or can we go pick him up at the beginning of ''summer, since pre-k is not mandated school by the gov't, only extra school. Thank you.


Asked on 1/10/06, 10:29 am

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Is Pre-K fall under ''School'' when it comes to divorce terms?

The court would probably rule that 10 days after pre-K lets out is the day visitation begins. More importantly, what do you think would be in the best interests of the child? Pre-K certainly does no harm to the child and probably increases the child's school competency. It is always in the best interests of a child for all of the parental types to cooperate in furthering the best interests of the child over the personal wants and desire of the parental types.

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Answered on 1/10/06, 10:51 am
Fran Brochstein Attorney & Mediator

Re: Is Pre-K fall under ''School'' when it comes to divorce terms?

Obiously you are the new wife.

My advice to you is to stay out of it.

Let your husband (the father) and the mother of the child handle raising THEIR child.

Rarely do men write emails regarding things -- it's usually the "new woman".

Just remember that you can be another ex-wife in the future but the father and the mother of this child will parent this child for the rest of this child's life.

How this man treats this child will let you know how he will treat any children the two of you have if you ever divorce.

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Answered on 1/10/06, 12:42 pm


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