divorce, custody

What Happens When Divorced Parents Disagree About School Choice in Minnesota?

Divorce can be a challenge, and as a parent, divorce is a life-changing situation not only for each spouse, but also for the children. The situation can be further  complicated  when parents disagree about school choice for a child.

In a perfect world, the parents would agree on custody and school choice, but that doesn’t always happen. A child’s school enrollment is an important decision and not one that many parents take lightly. Often, this topic elicits strong feelings from both parents. 

But what happens when divorced parents disagree about school choice in Minnesota? Let’s read on to better understand how to navigate this scenario.

A Judge Will Make the Decision

When parents can’t agree on what school the child will attend, the decision is ultimately left to a judge. The court will consider which school is in the best interests of the child. They may consider factors such as proximity to the child’s home, student-teacher ratio, and which school will maintain the child’s stability.

There are many  factors that go into a judicial decision  on  school choice for a child in Minnesota. 

How Is School Enrollment Determined When Divorced Parents Disagree?

Often, parents are able to come to an agreement between themselves (or through their attorneys) on the issue of school placement. Parents may choose to attend mediation on the subject in order to come to such an agreement. If the issue is not resolved between parents then the court will make a decision.

Legal Custody

The parent with sole legal custody almost always has the right to choose school enrollment. It is more common for parents to share legal custody, which means there is no clear decision-maker.

The Best Interest of the Child

If parents aren’t able to decide on a school, the choice will come down to what is best for the child. Details that a Minnesota judge will consider when determining what’s in the child’s best interest include: 

  • Physical, mental, emotional, and spiritual needs 
  • Medical needs 
  • Reasonable preference of the child, depending on age
  • Effects of changing  schools on their well-being 
  • How a change in school enrollment will affect both parents’ ability to parent/spend time with the child
  • Cooperation of the parents to  get the child to the chosen school regularly and on time

Depending on the child’s age, the courts will consider their desired school choice. This does not mean the child gets to choose their school, but it is one factor that the judge may consider.

Contact the Legal Team at M. Sue Wilson Today!

divorce, custody

Divorce is a trying time for everyone involved, especially the children. If there is a situation in which  both parties do not  agree  on school choice, the experienced legal team at M. Sue Wilson Law Offices is here to help. Contact us today to discuss a child’s best interest, no matter where the school might be.

This article contains general legal information and does not provide legal advice. For legal advice, please contact M. Sue Wilson Law Offices today.