How do you choose which school your children go to when divorced?

Once couples get divorced, many times one or both parents may move out of the school district where the children currently reside. So, which school district should the children be attending now?

There are many factors that can affect which school the children attend. If one parent is the primary parent and has the children for the large majority of the time, it may make sense for the children to attend school in that parent’s district. School ranking can also be a factor, particularly if there is a large discrepancy in the quality of schools between the two districts. Most importantly, if the children are already enrolled in a school and have been attending that school, it may be in the child’s best interest to stay enrolled in the school that they are comfortable and used to.

Hopefully, the choice of a school district can be decided amicably during the separation process. If the parents were unmarried, then the mother automatically has sole legal and physical custody of the child unless either party goes into court to challenge this assumption. However, if parties share joint legal custody of the child and cannot agree on a school district, the first solution is typically to meet with a third-party mediator who can help the parties reach a resolution.

When third-party mediators can’t resolve these issues, then you can bring this issue to the court. It may be helpful to appoint a Guardian Ad Litem (GAL), who will interview all involved parties and make a recommendation based on what they believe is in the best interest of the children.

If you are having issues with your co-parent deciding on a school district, fill out the form below to schedule a free consultation with Attorney Egan.