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I have a 7 year old son, my ex and I have joint custody and…

Customer Question
I have a 7...

I have a 7 year old son, my ex and I have joint custody and are joint conservators

Lawyer's Assistant: Family law varies by state. What state are you in?

The boys primary residence is with me.

Lawyer's Assistant: Have you talked to a lawyer yet?

We are in Texas. He attends school in his father’s neighborhood but I’m wanting to switch to the school in my neighborhood.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have not talked with a lawyer yet

Submitted: 9 months ago.Category: Family Law
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Answered in 2 minutes by:
12/14/2017
Family Lawyer: Ely, Counselor at Law replied 9 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

1) Does your ex oppose the switch?

2) What (if anything) does your decree say about how educational choices are made for the child?

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Customer reply replied 9 months ago
My ex says he’ll do the switch if I agree to one week on, one week off. Otherwise he wants me to have a lawyer contact his lawyer. The child is to attend school where his primary residence is, but I foolishly agreed to the ex’s neighborhood school
Customer reply replied 9 months ago
He has some issues with anger and pursued me in the school hallway last Monday. I’m done seeing him everyday and my son picks up on the tension
Family Lawyer: Ely, Counselor at Law replied 9 months ago

Thank you. What (if anything) does your decree say about how educational choices are made for the child?

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Customer reply replied 9 months ago
He’s at the school every morning bc he drops off his girlfriend’s children
Family Lawyer: Ely, Counselor at Law replied 9 months ago

Thank you. What (if anything) does your decree say about how educational choices are made for the child?

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Customer reply replied 9 months ago
I’ll need to look at the he decree...I believe it’s to be a joint decision but he is to attend school in primary residence
Customer reply replied 9 months ago
I’ll look at the decree
Family Lawyer: Ely, Counselor at Law replied 9 months ago

Thank you.

The decree controls. The Texas Family Code does not have a default decision maker for education - the decree states it. It will either state that YOU make that decision, that both parents have to agree, or, be silent.

If it states that you make this decision, he does not get a vote. His permission is then not needed.

If it states that both parents must agree but you cannot, you can try to AMEND the decree by filing a SUIT TO MODIFY PARENT CHILD RELATIONSHIP and asking the Court to do so.

If the decree is silent, one can file a MOTION TO CLARIFY and have the matter clarified.

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