Making School Choices After Your Divorce

 Posted on September 23, 2024 in Family Law

After months of back-and-forth and a measure of antagonism thrown in, you are finally divorced. Perhaps your children attended the public school closest to your home, but now you and your ex live in different places. One of you may want the children to go to the school in his or her district, while the other may disagree. Or perhaps one of you wants the children in a private school, and the other is stubbornly resisting. One parent could even want to homeschool, and the other could be adamantly opposed.

Whatever the issue, when you and your ex share parental responsibilities, an agreement must be reached. If you and your ex simply cannot agree, the Judge can make special provisions based on the children's best interests. However, the decision may be more difficult, even for a Judge, when it comes to private school or homeschooling. Before you give up and turn the matter over to a Judge, consider the value that an experienced Batavia, IL parental responsibilities attorney can bring to the negotiation table.

What Might a Judge Consider When Making a Choice Regarding School for Your Child?

Even though the allocation of parental responsibilities is finally over and a parenting plan is prepared, as children grow and change, there may be unexpected issues that occur. Everything a Judge considers when it comes to children is decided using the "best interests of the child" doctrine. Some factors that might be relevant when it comes to school choice include:

• If the child is old enough to have an informed opinion, the wishes of the child may be relevant.

• The parents’ wishes will be taken into consideration, but the motivation for those wishes will also be examined.

• If a change of school is being asked for, the child’s current relationships at his or her school could be a factor.

• How well the child has adjusted to his or her present school is a consideration; if the child is well-adjusted, makes good grades, has lots of friends, and loves his or her teachers, it will be harder to persuade a judge to change this situation.

• The child's educational needs will, of course, be a factor. If the child’s teachers and counselors believe he or she would do better academically at a different school, the judge will consider this.

• The school's reputation, the teachers' qualifications, the curriculum and method of teaching at each school, and how the child would thrive in the environment will be taken into consideration.

• A child who is clearly struggling in his or her current school will favor a change of schools, although this may not necessarily mean homeschooling.

• If a child has a medical condition or other special needs, the school that can best meet those needs will be favored.

• If one parent wants the child to attend a religious school because of his or her own religious beliefs, this will be taken into consideration.

• If a new school would increase the aggravations the parents currently experience with one another, a judge is unlikely to find a move to be in the child's best interests.

If you and your ex must present a case for your choice of school, look over the above criteria and work with your attorney to build a solid argument for the school you prefer.

Contact a Kane County, IL Parental Responsibilities Lawyer

If you and your ex seem to hit snags about virtually everything, it could be worthwhile to consider compromising on smaller issues so that when an important decision like school choice crops up, he or she is more likely to give in to your wishes. Having an experienced Batavia, IL, parental responsibilities attorney from [[title]], by your side to guide you through these difficult issues can be invaluable. Attorney Van Larson understands that each client’s situation is different, requiring 100 percent attention to detail. Call 630-879-9090 today to schedule your free consultation.