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.

Published On: September 25th, 2019Categories: Child CustodyComments Off on Who Decides Where our Kids Go to School after the Divorce?
Share This Story, Choose Your Platform!
About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
Contact Us – We Are Here to Help You

Schedule a time to talk with us – we are here to help you. When you meet with your attorney, we will go over your entire case, your children, your money and everything else that’s important to you. Our goal is to remove the fear associated with divorce by protecting your money and maximizing your time with your kids, all within 3-6 months. We look forward to meeting with you!

Call us 24/7 at 801-685-9999 to Speak with a Live Representative
Get A Legal Consultation With An Experienced Utah Attorney
Your privacy is 100% guaranteed, your information will never be sold or shared.

While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific divorce issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.

The use of the Internet (or this form) for communication with the firm (or any individual member of the firm) does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.