After divorce? Yes – if you have the sole custody of your child (making sure that visitation rights are not affected). If you and the other parent have joint legal custody, the choice of school for your child should be a mutual with the other parent. But the best interest of your child should be paramount. If your joint custody (and visitation schedule) proves to be disruptive to your child’s schooling, you might want to change custody orders.

Generally, the school district you choose for your child should be the district where one of the (preferably custodial) parents lives. If the custodial parent moves, this can mean a change in school district for the child. This can prove disruptive to the child so some divorce agreements specify how far away a parent can move and can list acceptable school districts for a child to move to.

Other points to consider, when choosing a school for your child include:

  • Your child’s needs (especially if he or she has special needs);
  • The children’s age;
  • Which school the children (or the parents) prefer;
  • The school’s academic standards;
  • Cost of tuition;

How long it takes for the child to commute between each parent’s home. It would be absurd to let a schooling child take a plane ride each week, just to visit a parent.

You can best talk the choice of school with your ex-spouse, or agree in mediation, or let the court decide.

The best thing you can do for your child’s education is to communicate well with the other parent, and to always put your children’s welfare ahead of yours. After all, in a divorce, children are affected most.

If you or someone you know is in need of professional representation in a divorce, custody or any other family law situation, don’t hesitate and call the attorneys at the Law Offices of Bowman and Associates at 916-923-2800.