Who Decides Where The Kids Will Go to School?

school

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday June 9th, 2022.

Who Decides Where The Kids Will Go to School?

School-age children are required to get an education in a public, private, or home school setting. If a child attends a public school, the residential living area determines where the child will attend. However, knowing where the kids will attend school becomes slightly more complicated if you and your spouse are divorced.

If one parent has custody of the child for the majority of the time, the kid will most likely attend school in that parent’s school district. However, if both parents share 50/50 custody, a decision must be made. 

If you and the other parent cannot reach an amicable decision on where your child should attend school, you may need to seek legal assistance. A skilled child custody attorney can help, especially if the court will be involved in the decision.

Factors the court will consider:

  • if the parent exhibits school system knowledge and has looked into the alternatives
  • if the custodial parent shows cooperation with the non-custodial parent in decision-making processes
  • the logistics of getting the children back and forth to school 
  • the ability to express the reasons why the school is the best choice for the child

What If I Am Left Out of School Decisions?

You can give the court order showing your parental rights to the school. The teachers and administration must involve you if you have a court order that provides you access to your child’s school information and gives you decision-making power.

Will the School Correspond with Both Parents?

In most cases, it is the responsibility of each parent to contact the school and establish communication channels. The custodial parent is not responsible for ensuring the non-custodial parent is kept informed.

Does the Non-custodial Parent Have to be Listed as an Emergency Contact?

When one parent has sole physical and legal custody, the other parent does not have to be listed as an emergency contact unless the court order mandates otherwise. 

If you and your former partner need assistance making school decisions for your children, you should consult with an attorney that is well-versed in these decisions. Making decisions regarding schooling should be handled efficiently in order to have the most negligible negative impact on the children.

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