If You Ask the internet or ChatGPT, you will get an answer like this:
In Texas, if you are granted the exclusive right to establish the primary residence of the child in a divorce, it generally means that you have the authority to determine where the child will primarily live. This includes deciding the physical location of the child’s residence, such as the city or town.
Regarding the choice of school, the default rule in Texas is that the parent with the exclusive right to determine the primary residence also has the right to choose the child’s school. However, it’s important to note that the specific terms of custody and visitation arrangements can vary based on the details of the court order or divorce decree.
In some cases, the court may specify or allocate the decision-making authority regarding the child’s education separately from the primary residence. This means that even if you have the exclusive right to determine the primary residence, the other parent may still have a say in the choice of school or educational decisions.
It’s essential to carefully review your divorce decree or custody order to understand the specific terms and provisions regarding the choice of school and educational decisions. If you have any doubts or concerns, it is advisable to consult with a family law attorney in Texas who can provide you with guidance based on the details of your situation and the specific court order in place.
However The Correct Legal Answer in Texas is:
The exclusive right to decide on primary residence is a separate right than the choice of schools which should be independently listed and decided on in your decree of divorce.
The Court of Appeals has held: the person given the exclusive right to establish the child’s residence is not necessarily given the exclusive right to determine the public school the child will attend.
In the Interest of K.S.F., 2023 Tex. App. LEXIS 720 (Tex. App. – Dallas February 3, 2023) (Cause No. 05-21-01030-CV)
