Who chooses the school that kids attend after their parents divorce?

The schools that children attend can have a direct impact on their future success. Some schools are more academically rigorous and have more funding than others. Additionally, the relationships that teenagers make during high school, in particular, can lead to professional connections that help them thrive later in their lives.

Married couples with children usually work together to enroll their children at nearby schools. However, once parents divorce, they may have differing opinions about which school the children should attend.

Who ultimately determines where their children go to school?

Parents typically share authority

In most cases, neither parent has absolute control over legal decisions for minor children. It is standard practice for the courts to allocate a degree of legal authority to each parent if they share custody. The parents may have to discuss enrollment matters and reach an agreement.

If one parent has custody and the other has visitation, the parent with custody likely chooses where the children attend school. The terms of the custody order can influence school district options as well. The address of the parent with more parenting time is likely to be the primary residential address of the children. That address influences which schools they can attend without special processes and paperwork.

In cases where one parent wants to change the school that the children attend, pull them out to attempt homeschooling or move to private education, both parents usually need to agree on those changes. If they do not, then the matter may need to go in front of a judge.

Family law judges can help settle disputes about major decisions regarding minor children. They can also modify an existing custody order to grant more authority to one parent and limit the possibility of similar disputes in the future. Those in the process of negotiating a parenting plan may want to specifically include provisions regarding educational matters and decision-making authority.

Learning more about state custody statutes can help parents as they work toward a custody order or try to adjust to shared parental responsibilities. Educational matters are among the most important decisions parents may address on behalf of their children, making authority regarding educational matters critical in a shared custody scenario.