The Texas ESA Program and Divorced Parents: What Houston Co-Parents Should Know

Thousands of Texas families are receiving Education Savings Account (ESA) funding for the first time. For divorced parents, that money can raise an entirely different question:

Can one parent decide to move a child into private school without the other’s agreement?

The answer usually is not found in the ESA program itself. It is found in your custody order.

Depending on how your conservatorship order is written, one parent may have the authority to make educational decisions, or both parents may need to agree before changing schools or participating in the ESA program. Many custody orders signed before the program became law never anticipated these situations, leaving parents unsure of who can make decisions or how disagreements should be handled.

If you are considering using ESA funds or your co-parent wants to enroll your child in a participating private school, understanding your rights before any deadlines arrive can help you avoid unnecessary conflict.

In this guide, we’ll explain how the Texas ESA program intersects with conservatorship, school choice, child support, and custody modifications for Houston parents.

What Is the Texas ESA Program?

The Texas Education Savings Account (ESA) Program, officially known as the Texas Education Freedom Account (TEFA) Program, is a state-funded initiative that helps eligible families pay for approved educational expenses outside the public school system.

Created through Senate Bill 2 during the 89th Texas Legislature and signed into law in May 2025, the program is administered by the Texas Comptroller of Public Accounts. Families manage their accounts through an online portal operated by a certified educational assistance organization.

For the 2026-2027 school year, eligible students may receive:

• • $10,474 per year for a student attending a participating accredited private school
  • Up to $30,000 per year for a student with a qualifying disability
  • $2,000 per year for students educated at home or through another approved educational setting

ESA funds may be used for approved educational expenses, including:

• Private school tuition and fees
• Tutoring
• Curriculum and textbooks
• Standardized testing
• Therapies for qualifying students with disabilities
• Transportation
• Certain educational technology

Students participating in the ESA program cannot be enrolled full-time in a Texas public or charter school at the same time. For many Houston-area families, that means deciding whether to leave districts such as Houston ISD, Katy ISD, Cypress-Fairbanks ISD, Fort Bend ISD, or another local public school system.

For divorced parents, however, the financial benefits of the program are only part of the conversation. The more immediate question is often whether one parent has the legal authority to make that decision in the first place.

Which Parent Decides Whether a Child Participates in the Texas ESA Program?

The answer depends on your conservatorship order, not simply whether you share custody.

Under Texas law, every custody order must specify which parent has the authority to make important decisions for a child, including decisions about education. Your order may give that authority:

• Exclusively to one parent
• Jointly, requiring both parents to agree
• Independently, allowing each parent to exercise the right on their own

Before applying for ESA funding or changing your child’s school, review the conservatorship section of your final order. The language assigning educational decision-making authority will generally determine who has the legal right to participate in the program and make school-related decisions.

If you are unsure how your order is written, speak with your attorney before taking any action. Resolving questions early is often much easier than trying to undo a decision after enrollment has already occurred.

Can One Parent Apply or Enroll a Child Without the Other Parent’s Agreement?

It depends on the terms of your custody order.

If one parent has the exclusive right to make educational decisions, that parent will generally have the authority to decide whether the child participates in the ESA program and attends a participating private school.

If the order requires joint educational decision-making, however, both parents typically must agree before making a significant change to the child’s education. One parent acting alone could create unnecessary conflict and, in some cases, lead to court involvement.

For many Harris County families, both parents are named joint managing conservators with shared responsibility for educational decisions. Moving a child from a public school to a private school is generally the type of decision those provisions are intended to address.

If a parent enrolls a child without the authority required by the custody order, the other parent may seek to enforce the order or ask the court to modify conservatorship. Texas courts decide these disputes based on the child’s best interests, and every family’s circumstances are different.

Whenever possible, parents should work toward a written agreement before enrollment deadlines arrive. A conversation before a school change is usually less expensive, less stressful, and less disruptive for the child than resolving the disagreement after enrollment has already taken place.

Which Parent Holds the ESA Account?

The parent who submits the application typically becomes the account holder.

The ESA portal is linked to a single parent account, allowing that parent to select participating schools, authorize payments to approved providers, and review the account’s transaction history.

For divorced parents, that arrangement can create unexpected issues.

A parent may control the ESA account without having the authority under the custody order to make educational decisions. On the other hand, the parent who has decision-making authority may not have direct access to the portal or the records showing how ESA funds are being used.

Because many custody orders signed before the ESA program became law do not address account management or portal access, these situations can quickly become a source of disagreement.

Parents should keep detailed records of ESA spending and communicate regularly about how funds are being used. If both parents expect to remain involved in educational decisions, they may also wish to address account access, expense reporting, and reimbursement procedures as part of an agreed modification to their custody order.

What Is the Current Status of the Texas ESA Program?

The first application cycle has closed, and funding is now underway for the 2026-2027 school year.

Families began receiving the first installment of ESA funds on July 1, 2026, with additional funding scheduled for October 1, 2026, and February 1, 2027. Families placed on the waiting list may still receive awards if additional funding becomes available or previously awarded families decline participation.

When a waitlisted family receives an award, they have only a limited amount of time to select a participating school and complete enrollment. For divorced parents who share educational decision-making, those deadlines can leave little time to resolve disagreements.

Parents interested in participating during the next school year should watch for announcements regarding the next application window.

How Can Separate Households Affect ESA Eligibility?

The household submitting the application can affect how an ESA application is evaluated.

For the 2026-2027 school year, Texas prioritized applications based on factors such as household income and whether the student has a qualifying disability. Because divorced parents often maintain separate households with different incomes, discussing the application before it is submitted can help avoid confusion later.

Parents should also consider:

• Which household’s financial information will be used
• The child’s primary residence under the custody order
• Whether both parents understand the documentation required during the application process

Addressing these questions before the application period opens can make the process significantly smoother.

Does an ESA Affect Child Support?

Receiving ESA funds does not automatically change a child support order.

Texas child support is calculated under statutory guidelines, and ESA funds are restricted to approved educational expenses rather than being paid directly to either parent.

Even so, the program may affect how parents share education-related costs. An ESA may reduce or eliminate some expenses while leaving others unchanged or creating new ones, including:

• School uniforms
• Transportation
• Before-school or after-school care
• Extracurricular activities
• Classroom fees
• Technology not covered by the program

Some custody orders include specific provisions for sharing private school tuition or other educational expenses. Others do not. Before assuming either parent’s financial responsibilities have changed, review the language in your order carefully.

If you and your co-parent are already discussing child support or modifying your parenting plan, it may also be appropriate to address how ESA-related expenses will be handled moving forward.

What if Your Custody Order Was Signed Before the ESA Program Existed?

Many Texas custody orders were signed before the ESA program became law.

While most orders identify which parent has the authority to make educational decisions, they typically do not address issues such as:

• Education Savings Accounts
• Online account access
• Approval of ESA expenditures
• Sharing account records
• Responsibility for expenses not covered by the program

Those omissions may not matter until parents disagree about school choice or how ESA funds should be used.

If your current order does not address these issues and disagreements have become more frequent, it may be worth discussing whether modifications would better reflect your family’s current circumstances.

Before You Accept ESA Funding

Before participating in the Texas ESA program, take a few minutes to review your custody order and discuss the decision with your co-parent if necessary.

A few steps now can help prevent larger disputes later:

• Read the conservatorship section of your custody order.
• Confirm who has authority to make educational decisions.
• Determine whether both parents must agree before changing schools.
• Consider how a new school may affect transportation and parenting time.
• Put any agreement in writing.
• Talk with your attorney if you cannot resolve a disagreement before enrollment deadlines.

Frequently Asked Questions

Can one parent enroll our child in a private school without my permission?

It depends on your custody order. If one parent has the exclusive right to make educational decisions, that parent may generally choose the child’s school. If educational decisions must be made jointly, both parents typically need to agree before changing schools.

Can my co-parent apply for an ESA without telling me?

The application process itself may not resolve who has legal authority to participate. If your custody order requires joint educational decisions, applying or enrolling a child without the required agreement could create legal disputes later.

Can both parents access the ESA account?

Currently, the ESA portal is managed through a single parent account. If both parents remain involved in educational decisions, sharing account information and maintaining open communication can help avoid misunderstandings.

Does an ESA change child support?

No. Receiving ESA funds does not automatically modify child support. Existing court orders remain in effect unless they are changed by agreement or by the court.

Can a custody order be modified because of the ESA program?

Possibly. Every family’s circumstances are different. If your current order does not adequately address educational decision-making or disputes arising from the ESA program, a modification may be appropriate.

Talk to a Houston Family Law Attorney About the Texas ESA Program

The Texas ESA program gives families new educational opportunities, but it also raises questions many existing custody orders were never written to address.

Before accepting ESA funds, changing your child’s school, or making educational decisions on your own, review your conservatorship order carefully. Understanding each parent’s rights before enrollment deadlines arrive can help prevent unnecessary conflict and protect your child’s educational stability.

The Houston family law attorneys at Melone Hatley, P.C. help parents resolve disputes involving conservatorship, school choice, parenting plans, and post-divorce modifications. Whether you live in Houston, Katy, Sugar Land, Pearland, Cypress, The Woodlands, Pasadena, or elsewhere in the greater Houston area, our team is here to help.

Contact the Houston offices of Melone Hatley, P.C. in the Houston Galleria and Houston Woodlands area to discuss your situation and learn more about your legal options.