Who Can Decide Where Kids Go To School After Divorce?

Where a child attends school can have a profound impact on his or her future. Parents will need to decide whether a child should attend a private school, a public school, a magnet school or a charter school. They may also have a choice regarding which public institution a child should attend.

Ideally, parents will make the choice together about where a child should attend school. However, it can be much more complicated to decide where kids go to school after divorce or when parents are living separately. Under these circumstances, the parents may not agree and complicated legal questions can be raised.

An experienced Las Vegas divorce lawyer at Pintar Albiston, LLP can help you to understand who gets to decide where kids go to school after divorce and can help you to ensure your children get the education you desire for them. Call today to learn more.

Who Gets to Decide Where Kids Go to School After Divorce?

When a couple separates, a custody agreement must be created and the court must enter a custody order. The custody agreement will specify who gets physical custody, which refers to where the child lives. The custody order must also specify who has legal custody, or authority to make decisions.

The parent who has been given legal custody will get to decide where kids go to school after divorce.  If the other parent does not have legal custody and disagrees on this issue, then he or she has limited options. The parent without legal custody can try to raise the issue with the custodial parent and make a compelling argument for the preferred academic institution but has no authority to force the custodial parent to listen to him.

If the parent who does not have legal custody believes that a bad choice is being made, he can file a motion with the court to object to the decision has been made. However, he would need a very compelling argument proving why the academic institution was not appropriate.  The parent without legal custody could also petition the court to change the custody order and give him decision-making authority, but again he would need a very compelling reason for why this should occur.  Unless the court ordered a change or sided with him, he would not be able to stop the custodial parent from sending the child to any particular school.

What Happens if Parents Have Joint Legal Custody?

If parents have joint legal custody, then they have to decide together where a child should attend school. If they cannot agree, then they may need a mediator to help them negotiate on this issue. As a last resort, the disagreement over where the child should attend school could end up before a family court judge who would have to decide which parent’s preferred school was best for the child.

Pintar Albiston, LLP has extensive experience helping parents to argue for legal custody and assisting with other custody issues. Give us a call today or contact us online to schedule a consultation and learn more about how we can help.