Most divorced or separated parents share legal custody of their children. This means even if the parties do not share physical custody on an equal basis, they must agree upon medical, educational and religious decisions regarding their children. The choice of which school a child will attend is a legal custody decision. If you and your co-parent cannot agree where your child should attend school, Vetrano | Vetrano & Feinman LLC, a Wayne family law firm, can review your school selection options with you.
You and your co-parent may have many schools to consider before determining where your child will attend school. A child may attend the public school where the primary custodian resides or either party’s public school if you share physical custody on an equal basis. Parents may also consider private or religious schools. A private school can also influence your support order since both parties typically contribute towards the cost. Whether you and your co-parent are enrolling your child in school for the first time or the child is transitioning from one level of education to another, the parents need to agree on a school. If you and your co-parent are unable to reach an agreement, you may file either an initial custody complaint or a petition with the court, to obtain a court order which states where the child will attend school.
Spring is the perfect time to address school choice issues. Some situations warrant a petition regarding school choice to be filed and addressed on an emergent basis. However, most school choice issues will be scheduled in due course by the court. This means the initial conference or hearing will be scheduled four to six weeks after the filing of the complaint or petition. It is imperative that divorced or separated parents discuss school choice well in advance of the first day of school. If you are unable to resolve the school choice issue with your co-parent, you should allow enough time to file a petition regarding school choice and obtain an order before the school year begins.
If you find yourself in this situation, Vetrano | Vetrano & Feinman LLC, a Wayne family law firm, can help you negotiate the your child’s school selection, or litigate the issue in court. Call 610-265-4441 to contact us today.
