What if My Ex Wants to Send Our Kids to a Different School? 

 Posted on December 27,2022 in Family Law

After parents of minor children get divorced or break up, they need to formalize several different categories of arrangements that will determine how the co-parenting process will work. This can involve a lot of frustration and negotiation as parents, who are often separating precisely because they have fundamental differences in values and judgment, struggle to reach an agreement about what is best for their children. 

One of the most common areas of conflict has to do with a child’s education. Where should the child go to school? Should both parents be expected to ensure a child’s homework gets done and turned in? What if one parent wants a private or parochial education for their child and the other does not? These are all important questions that need to be answered in a parenting plan, which will be approved by a judge and enforced by Illinois family law courts. 

How Do Co-Parents Make Decisions About a Child’s Education? 

The first thing that Illinois co-parents need to know is that important decisions about a child, like where she will go to school, are part of the allocation of parental responsibilities. The parenting plan will codify which parent makes decisions about the child’s education, healthcare, extracurricular activities, and religious upbringing. Sometimes parents share these decisions, sometimes one parent handles certain decisions while the other parent handles others, and sometimes one parent has all the decision-making responsibilities. 

Figuring out how to arrange the allocation of parental responsibilities can be very hard. One thing that benefits many separated co-parents is attending mediation together; the mediator can help the parents identify core differences in perspectives and values and help them reach a resolution that seems workable for both parties. However, when mediation does not work and parents really cannot reach a resolution together, a judge will need to make the decision for them. Unfortunately, the decision the judge makes may not be to the liking of either parent, so it benefits everybody for parents to work together as much as possible. 

One thing, however, is for sure: If you are still going through the divorce process and there is an interim custody order, or if you share parental responsibilities about education, your child’s other parent cannot unilaterally decide to send your child to another school without your consent. Before the child can legally be transferred to a new school, you and your child’s other parent will need to agree about the child’s educational arrangements. If you cannot do this, or if your child’s other parent has simply decided to take action without your consent, it is important to meet with a child custody attorney who can help you decide on your next steps.

Schedule a Consultation with a St. Charles, IL Child Custody Lawyer

Disputes over a child’s education are a common but unpleasant occurrence for many co-parents. If you and your child’s other parent disagree about what would be best for your child’s education, you may need to seek a modification in your allocation of parental responsibilities. To learn more, schedule a free consultation with a Kane County parenting plan modification lawyer with Goostree Law Group. Call us at 630-584-4800 today. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm