“My ex-spouse and I live in two different school districts and our child is supposed to start kindergarten this fall. Who gets to decide where our child will be enrolled?”
Do you have sole legal custody?If you have sole legal custody, you are the parent responsible for making this decision, and you are not legally required to consult with your ex-spouse before enrolling your child in kindergarten.
Do you have joint legal custody?If you and your ex-spouse share joint legal custody, this is a decision that you must make together. The first step you should take is facilitate a meaningful discussion with your ex-spouse that revolves around which school would best suit your child's needs both now and in the future. Present and explore all feasible options to best make this determination.
What if we can't agree?If you and your ex-spouse are unable to come to an agreement regarding where your child will attend kindergarten, you'll need to file a motion asking the judge assigned to your case to make the decision.
The judge will hold a formal hearing on the issue of school selection, during which you will have the opportunity to present evidence demonstrating why your school of choice is a better fit for your child. It is important to keep in mind that this decision will not be made on school rankings alone.
Consider hiring an attorney.Consulting with a highly experienced family law attorney is crucial in navigating this particularly complicated issue. The family law team at Kelly & Kelly has extensive experience representing both mothers and fathers in school selection hearings. Contact us today to further discuss the details of your case.