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  1. #1
    BAJKEJ Guest

    Educational Guardianship

    What is the name of your state? Texas

    my son lives with his paternal grandmother in a different school district than myself. his father wrote a letter to the school giving her education guardianship over my son. when i tried to call the school to get information about him they refused to give it to me and said i had no rights as long as she was guardian. they said if we removed her from guardian he could not go to school there because the guardian must live in the school district. additionally they said that this guardianship protects us in the event he gets into legal trouble while on school property...the grandmother would be leagally responsible.

    i thought guardianships were court appointed?
    is this letter legally binding?
    is there a way to have him continue to live with her but still be involved academically?

    fyi-he is also a specail ed student
  2. #2
    hexeliebe Guest
    please delete your other post.

    As for your question, what does your custody agreement say.
  3. #3
    BAJKEJ Guest
    we have joint custody and i choose residency.
  4. #4
    hexeliebe Guest
    No, that is not what your custody agreement says.

    I didn't want you to paraphrase it. Type here exactly what the agreement from the court says. Word for Word.
  5. #5
    BAJKEJ Guest
    it is ordered and declared that **** and **** are appointed joint managing conservotors of the children.

    **** shall determine the legal domicile and primary residence of the children.
  6. #6
    hexeliebe Guest
    and nothing to the effect of "Joint Legal Custody" or other such language?
  7. #7
    BAJKEJ Guest
    in another section is states:
    *** and *** as joint managing conservators, shall each retain the right to receive information from the other concerning the health, education and welfare of the children and, to the extent possible, the right to confer with the other before making a decision concerning the health, education, and welfare of the children.

    Nothing about legal custody.
  8. #8
    hexeliebe Guest
    O.K. nevermind.

    As to your exact question I'll venture an interpretation of the applicable laws. However, BCB will be here and he's the authority on Texas law. Or someone else will come along so wait until you decide what to do.

    Now to your question.

    Joint Managing Conservatorship does not mean that each party will have the children one-half of the time. It also does not mean that child support will not be awarded to one parent. Joint Managing Conservatorship does mean that the parents will either share, allocate, or apportion parental rights and duties. In most cases, it also means that the child's domicile must be established in the final Court orders.

    According to Texas statutes:

    SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

    CHAPTER 151. RIGHTS AND DUTIES IN PARENT-CHILD RELATIONSHIP

    151.001. Rights and Duties of Parent

    (a) A parent of a child has the following rights and duties:

    (10) the right to make decisions concerning the child's education;



    However;

    (d) The rights and duties of a parent are subject to:
    (1) a court order affecting the rights and duties;
    (2) an affidavit of relinquishment of parental rights; and
    (3) an affidavit by the parent designating another person or agency to act as managing conservator.


    So, from my reading of the statute, although your ex can appoint another as managing conservator in HIS place, that does not preclude you from exercising your legal rights as above.
  9. #9
    BAJKEJ Guest
    Can this appointment be done by a letter from the parent or does it have to be appointed by the court?
  10. #10
    hexeliebe Guest
    So, from my reading of the statute, although your ex can appoint another as managing conservator in HIS place, that does not preclude you from exercising your legal rights as above.
    I think it's rather obvious from my statement above. Now please, at least read what I post.

    Besides, if this is a matter of simply getting school records then you need to take a copy of your court order granting you "joint managing conservotorship" of the child and inform the school that since all you are asking for is the educational records and progress of your child, that if that information is not forthcoming you will have no choice but to file suite against the school, school board and the District for violation of a valid court order, specifically Texas Statute SUBTITLE B. CHAPTER 151 151.001

    For the grandmother, this is simply a way for the child to enter the school system while living with her. Your issue is not with her but with the school district.

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