Change is an unavoidable consequence of any separation or divorce. There are a few obvious changes that children will inescapably experience including their family structure, time spent with parents and how/where they spend their time. Another change that can occur is in regards to where they go to school. While we strongly urge parents to try to prevent a change in their children's schools, as it most often comes with arguments between parents as well as a change in neighborhoods (and in turn affects their friendships), we know that this is not always possible.
Parents don’t always agree when it comes to what is best for their child(ren). This can cause arguments and strain in any relationship; particularly when the parents are already divorced. This can be especially true when trying to come to a resolution as to where the child(ren) go to school. Such a major decision is rarely easy to come to; although circumstances play an important role in how easily the decision is made.
When one parent has sole legal custody, he or she can make the decision to switch the children’s school in MN without consulting the other parent. While this may still be cause for an argument, the court has already decided that it is in the best interest of the child(ren) that he or she have the full rights (and accountability) to make major decisions regarding the child's welfare, including matters of education, regardless of how the other parent feels about the situation.
In many cases, however, parents have joint legal custody – making the choice of school a topic that must be agreed upon by both parties. If both parents agree, the matter does not need to be taken to court. If, however, one party does not agree with switching schools, mediation is an excellent way for both parties to effectively communicate and attempt to come to an agreement without going back to court. In the event that the issue is submitted to the court, a variety of factors will come into play including the commute time from each parent’s residence to the school, the child’s preference, the tuition cost (in the cases of private school), and continuousness of sports and other social relationships. Basically, it all boils down to what is in the best interest of the child(ren).
At Martin & Wagner in Rogers, MN, our divorce and family law attorneys understand that family law matters, including choices regarding child care, go beyond the law and affect you at a very personal and emotional level. Becky Martin, Stefanie Wagner, and Ethne Hedren help guide you through every step of the way and are experienced and knowledgeable attorneys in all areas of family law including adoptions, child support and parenting time, divorce or separation, mediation / FENE / CPENE, post-judgment modification and more!
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From beginning to end, we take a personal and hands-on approach to each individual case and strive to achieve the best possible result while keeping costs to a minimum. We offer a free ½ hour initial consultation to discuss your divorce or family law case! Fill out our Contact Form or call to schedule your consultation at 763-425-6330.