We frequently have past clients return to us because they and their former spouse or co-parent are unable to agree upon which school their child(ren) should attend. Sometimes, we are able to discuss a child’s choice of school during the divorce process. However, many times the issue of where the children should attend school is not an issue that arises until years after the divorce. Frequently when families face a divorce, children are not school aged so neither parent has spent considerable time considering where their child should attend school. It may become an issue as a result of one parent moving or wanting to move. However, most often, school choice becomes an issue because a child expresses her/his personal desire to change schools to both parents and the parents do not agree as to whether the child should be allowed to switch schools.
If one parent was awarded sole legal custody, that parent is able to make the decision about where the child(ren) will attend school even if the other parent doesn't agree. Choice of school is one of the decisions that is considered under the legal custody umbrella in Nebraska.
If parents have joint legal custody and cannot agree upon where their child should go to school, their first step should be to attempt mediation. Mediation can be challenging with choice of school issues because there doesn’t appear to be a lot of middle ground. However, a skilled mediator can attempt to create an environment where both parties feel comfortable explaining their thoughts/fears/concerns/desires for their child’s school choice and the other parent can listen. This open and honest conversation can uncover both parties’ underlying motivations for wanting to move or maintain their child’s school placement. Compromises for agreeing to one’s co-parent’s desired school choice over the others may be financial considerations, allowing the child to continue to participate in extracurricular activities in the desired school system or area; and/or one parent agreeing to conduct an unequal amount of transportation for the child.
If mediation is unsuccessful and the parties are unable to agree, a Complaint for Modification may be filed with the court wherein the moving party asks the court to determine where the minor child should attend the school. Ultimately, this means that because the parties are unable to agree, they are going to allow the Judge to decide. Trust in knowing that Judges do not enjoy determining where a child who is not their own should attend school.
There are always a lot of inherent risks associated with going to court and allowing a judge to decide one’s fate. Going to court allows a third party, who does not know the child, to make a major decision for the child based on whatever information the parties and their attorneys are able to provide. Depending upon the child’s age, we also may want to allow the child to speak directly to the Judge to explain his/her desire to attend a particular school.
If parties cannot agree and we must go to court, we will want to have evidence about the different school systems. That evidence might include school rankings, school graduation rates, academic success metrics, class size, and student-to-teacher ratios. Beyond the analytical data that will be used, we will also look to the client to find out what objectively and subjectively what makes one school a better choice for this child than the other. Such considerations may include information about the child’s friends, classmates, relationships within the system; convivence; and educational challenges and opportunities.
Need help navigating where your child should go to school with your ex-spouse or co-parent? Contact us today to schedule a consultation, we have your back.