Who Decides Where our Kids Go to School after the Divorce?

You’re going through divorce, trying to make everything work.

You’ve figured out custody and parent-time. You’ve decided on child support, alimony, and how to divide assets.

One question still nags at you: who decides where our kids will go to school after the divorce?

It’s an important question, and, like all important questions you ask an attorney, the answer is, “It depends.”

Here are some considerations to think about:

  1. The parent with the most parent-time usually decides where the kids will go to school.

This makes sense because when they kids go to school where they live most of the time, it’s easier on the kids. Less drive time, they go to school with their neighborhood friends, etc.

Now, this consideration breaks down the closer parents are to 50/50 parent-time. Of course, if parents share 50/50 parent-time, they usually live close to one another (within five miles is ideal), so school location is not a big issue.

  1. The parent with sole legal custody decides where the kids will go to school.

In Utah, there are two types of child custody: (1) physical custody, (2) legal custody.

Legal custody is about who makes big decisions regarding your kids. Decisions like: religion, medical care, extracurricular activities, money, schooling, etc.

Usually, parents share joint custody, so they have to talk with each other about big decisions and come to an agreement before moving forward with a decision.

Sometimes, though, one parent has sole legal custody. This allows that parent to make big decisions about schooling (e.g., which school to attend) without even talking with the other parent.

Another thing. Sometimes, parents share joint legal custody, but one parent is given authority to make a final decision if there’s a disagreement. This, like sole legal custody, allows the parent with the decision-making authority to decide where the kids attend school. The parents will need to talk through the options, but if there’s a disagreement, the decision-maker has final say.

  1. Where the kids attended school during the marriage often determines where they will attend school in the future.

Often, divorced parents will do everything they can to keep their kids stable. One way they do this is by making sure the kids stay in the same school they were attending when the parents were married.

After divorce, parents will try to find new houses and apartments in the same area to make maintain this stability.

When parents do this, the kids will often progress through their school districts and attend whatever feeder schools comes next, on through high school.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 1010 reviews
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
⭐️⭐️⭐️⭐️⭐️

Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
Glad Jason was fired. Clay can handle any case like a champ. Thank you brown family law.
Kayelise was the easiest to talk to. She addressed all my questions regarding my divorce and has so much empathy for those she talks to. I can’t thank her enough for her guidance in my divorce and answering all my questions.
I have had the privilege of working alongside Nate Garrabrandt through our BNI group and hearing him share valuable insights every week about the divorce process. Even though I haven’t personally needed the services of Brown Family Law, I can confidently say that Nate is extremely knowledgeable, well-educated, and passionate about helping his clients navigate such a challenging time. His professionalism and expertise stand out, and I would not hesitate to recommend him and his firm to anyone in need of a skilled divorce attorney.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories