School Choice and Private Education Conflicts in Divorce

Divorce proceedings are always more complicated when spouses have children, and disagreements over a child’s education can be especially difficult. The parents may have disputes involving school choice or private school tuition. Still another situation is when either the child or a parent wants to change schools.

The decisions that are made during divorce can affect your children’s educational needs and their future, including their ability to attend school that supports their educational success and overall welfare. Working for the best possible outcome requires dedicated legal representation putting child’s interests first. Count on the Kansas City divorce attorneys of Joseph, Hollander & Craft to guide you.

Why Educational Decisions Are Often Disputed During Divorce

When two spouses are married, they generally view each other as being on the same team. So even when they disagree on how to educate their children, they can more easily come together and resolve their differences. A divorce upends this cooperation.

When spouses go through divorce, one or more the following scenarios could arise:

• Overlooked issues become prominent: Previously, one parent may have given the other parent grace when it came to certain decisions involving the child’s education. Divorce brings unresolved disagreements to the surface. Without the marriage binding the parents, the desire to work together may be impaired.
• Custody may have been a divorce issue: One parent may specifically mention education decisions in child custody claims related to the divorce. If, during the marriage there was a fundamental disagreement over how to educate the child, then it is likely to continue even after the court has made its custody decision.
• Changes may have happened since separation: Post-separate changes in lifestyle, finances, or other important matters can affect various custody issues–including school choice. For instance, one parent may wish to leave the area and therefore change the child’s school.

These disagreements often arise in broader family law matters and can lead to financial disputes or require court intervention if the parents cannot resolve them.

It is possible for these and other matters to be resolved during negotiation, mediation, or litigation, with the help of an experienced Kansas City family law attorney.

How Courts Review and Decide Upon School Choice Disputes

Legal custody is decision-making authority and it includes significant matters such as a child’s education. The right of a parent to make decisions regarding school enrollment will therefore depend on the overall custody arrangement.

• Joint legal custody: Joint custody, including joint legal custody, is the preferred option and requires both parents to confer with each other before making major decisions such as where to enroll the child in school. As with all decisions affecting the child, the child’s best interests are the primary concern for the judge. So there has to be clear evidence that the parents can communicate well and work together for the benefit of the child in making all decisions.
• Sole legal custody: A less common but still possible option is to allow only one parent to make major decisions affecting the child, including education. Sole legal custody is more likely if there is evidence that one parent has been abusive, neglectful, or there are otherwise compelling reasons for preferring only one parent to make these choices.

If the judge orders sole legal custody, then the parent who is granted custody will simply make educational decisions. But if joint legal custody is ordered, then both parents will be expected to come to a mutual agreement. Neither parent can unilaterally make decisions about the child’s education if joint legal custody is ordered. If the parents sharing joint legal custody ultimately disagree on educational matters, they may need to submit the dispute to:

• A mediator
• A parenting coordinator
• The court, including by way of modification or enforcement

Who Pays for Private School After Divorce?

While deciding who has the authority to select the child’s school is complicated enough, paying for it is another matter. This is where child support comes in. However, child support is generally intended to cover a child’s basic needs and does not automatically include special expenses like private school tuition. As with all matters affecting the child, the judge must determine what is in the child’s best interests, and that standard can influence how child support is structured.

If one parent wants to include private school tuition in the child support calculation but the other does not, the judge will decide whether one or both parents should contribute. In doing so, the court may consider:

• Whether the child was already enrolled in private school
• The ability of either or both parents to pay
• Any special educational needs the child may have
• Whether public schools can meet the child’s educational needs
• The child’s lifestyle during the marriage and the role private school played in it

In some cases, the court may deviate from standard child support guidelines to account for private school tuition if doing so is in the child’s best interests.

It is also possible for both parents to reach an agreement regarding private school tuition during divorce negotiations. If they formalize that agreement in writing, such as in a separation agreement, the court will generally enforce it.

What Happens If I Want to Change My Child’s School?

One of the most contentious decisions regarding a child’s education is the decision to change it. Disputes about school selection or changing to a particular school often arise when parents disagree about what is best for the child’s schooling. Whether private school, public school, homeschool, or some other form of education is involved, one parent’s desire to change schools is often met with hostility from the other. There are various dynamics at work which a court will need to weigh.

The Effects of Relocation on School Choice

Relocating either within the same state or to another one is a common basis for changing a child’s school after divorce. A custodial parent who wishes to relocate within the same state must usually send written notice before the move, and it should be sent by registered or certified mail. If the other parent does not agree then the judge may have to decide and weigh various factors to determine the best interests of the child.

The issue of school choice in divorce is even more complex if the proposed move is out of state. While notice is also required, it will be harder to justify the relocation if the non-moving parent will be unable to see the child as often. In addition to proving that the relocation is in the child’s best interests, the parent who is proposing to move should be able to demonstrate they have legitimate reasons for doing so, like an important career change.

Religious Schools and Values-Based Education

Religion can add a level of complexity to relocation decisions. Judges want to respect the different religious views of the parents without appearing to officially endorse a religion. At the same time, courts also recognize the advantages of religious and values-based education for many children. As with all educational matters, a judge has to evaluate the child’s best interests and how they intersect with the proposed change to a new school.

Special Education and Special Needs

Disputes may arise when one parent wants to move the child to a school that can better handle a child’s special needs but the other objects. The parent who wants to move should be prepared to demonstrate how the new school can better facilitate the child’s education and development, taking into account such factors as the child’s condition, the quality of special education services, and whether there is an existing IEP (individualized education program).

Access to school records and evaluations can be important in demonstrating what educational environment best supports the child.

Extracurricular Considerations

Sometimes a child’s extracurricular activities can be relevant to school choice disputes between divorced parents. For instance, a child may show a special talent for athletics. One school may be better equipped to foster the child’s talents than another. By the same token, extracurricular activities cannot be given so much weight that other aspects of the child’s education are neglected. Judges usually try to take a comprehensive approach that weighs the overall benefits, both academic and extracurricular, of one school over the other.

These considerations are part of evaluating the child’s educational development and long-term success.

How Parenting Plans Address Education Decisions

Divorcing parents are required to come up with a parenting plan that addresses various matters of both legal custody and physical custody. This plan should be comprehensive and cover, in detail, how major decisions will be made and with whom the child will reside throughout the year. However, there are situations in which education and custody agreements can be contentious. If for some reason the parents are unable to come up with a plan on their own, then the judge will have to order custody terms.

Parenting plans are especially important in co-parenting situations where both parents remain involved in major decisions. Whether the parents decide on a plan or the judge orders it, at a bare minimum it should cover:

• Who gets to make educational decisions, whether it’s both parents or just one (joint versus sole legal custody)
• How decisions regarding the child’s education, including any future changes, will be made
• Any factors that the parents have to consider in making educational decisions
• Any notice or documentation requirements that the parents must meet (which are especially important if only one parent is granted legal custody)
• A process to revolve disputes by way of mediation, a parenting coordinator, or otherwise

If both parents come to an agreement regarding these and other terms, the judge still has to review the plan to ensure it is in the child’s best interests. Education and parenting plans are never decided in a legal vacuum. Also, matters that are addressed in the parenting plan can later be modified if circumstances change and the child’s best interests require a modification. Our firm can assist you with all issues that involve school choice and parenting plans.

When to Speak With a Divorce Attorney About Education Disputes

You should talk to a lawyer when:

• You have reason to believe the child’s current educational interests are being jeopardized but the other parent doesn’t want to discuss it
• You have made suggestions for changing the child’s school, including to a private school, but the other parent is hostile to your suggestion
• The other parent is not playing a suitable role in supporting the child’s academic or extracurricular needs
• Either you or the other parent are proposing a relocation and the move will affect the child’s education
• You and the other parent would like to mediate custody or child support matters as they pertain to education, or formalize an agreement
• Either parent wishes to modify existing custody terms regarding education

Contact a Kansas City Family Law Attorney Today

Although educational disputes can be frustrating, you don’t have to handle the issue alone. Turn to Joseph, Hollander & Craft for any family law related concerns, including modifying custody agreements. A Kansas City family lawyer from our firm can assist you with all aspects of child custody and child support. If you need representation in Overland Park, Lawrence, Topeka, or Wichita, we also maintain offices in these locations. Get in touch with us today to get started.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Carrie E. Parker

Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]

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