Modification of Custody Based on Neglect of Education in Texas Family Law Cases

by Ricardo Barrera

Young boy having difficulty studying in school.


A person with custodial rights over a child has a duty to ensure a child obtains sufficient outcomes in school so that they advance normally. They must ensure that the appropriate means are in place for achieving these outcomes, which often include the hard decisions necessary to achieve acceptable educational outcomes. This would include monitoring attendance and execution of homework assignments, verifying understanding of the materials being studied. Providing an environment that promotes adequate nutrition and rest and stability. 

There are countless studies, and simple observation of life, confirming that children that are not guided to achieve acceptable education outcomes go on to have limited options in our present society, and struggle thereafter in life. In other words, some parents fail to ensure a child can achieve even a  basic education, which may be considered neglect by a court of law. 

Examples of educational neglect are failing to ensure the child gets to school on time, failing to cooperate with teacher requests to improve the child’s educational barriers, and failing to ensure a structure conducive to the child’s education. Learning new subjects often demands discipline and stick-to-itiveness to get through. Working with a child on their assignments to oversee understanding,  providing life examples when needed, maintaining a schedule, validating their successes may all be necessary. Generally, take an interest and realize that their future depends largely on your attention, not just the teachers or the school. 

Should there be evidence in the form of failing grades, excessive unexcused absences, excessive tardies, or discipline issues, you may have a potential case for a custody modification.

Family law and child custody arrangements can be hard to navigate alone. Contact the Barrera Law Firm online today for help with your family law matter or give us a call at 956-428-2822.



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