It’s hard to believe but back to school season is upon us! Like it or not, Labor Day is just around the corner and public schools in Michigan will soon resume for the school year. Many of my family law clients inquire about the effect a divorce or custody proceeding may have on their child’s schooling. Who gets to decide what school the children should attend?
The answer is often that both parents have a right to decide. If parents share “legal custody” following a divorce or custody action, decisions about a minor child’s education will be shared between both parents. As a reminder, legal custody is not based on who spends more time with the children, and oftentimes, legal custody is often shared jointly. Thus, the parents coming to an agreement about where a child will attend school is ideal. However, if this is not a possibility, your family lawyer can file a motion to either establish or change a minor child’s school district, and then it will be up to the court to make this determination based on the child’s best interest.