What If We Can’t Agree On What School Our Child Will Attend?

When parents divorce or separate, significant child-related decisions and responsibilities are allocated between them. Pursuant to Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act, decision-making responsibilities are allocated according to the best interest of the child. The best interests of the child include the following without limitation:

• Wishes of the child, considering their maturity and ability to express independent preferences;
• The child’s adjustment to their home, school, and community;
• The mental and physical health of all individuals;
• Parents’ ability to cooperate to make decisions or the level of conflict that affect their ability to share decision-making responsibilities;
• Each parent’s participation in past significant decision-making related to the child; and
• Prior agreements or course of conduct between parents related to decision-making.

Significant decision-making responsibilities include decisions about the child’s 1) education including school and tutors, 2) health and all related needs, 3) religion, and 4) extracurricular activities. Pursuant to Section 602.10 of the Illinois Marriage and Dissolution of Marriage Act, parents must file a proposed parenting plan with the court, and if no parenting plan is filed, the court will conduct a hearing to allocate parental responsibilities. It might be decided or ordered that both parents have joint decision-making responsibilities, or that one parent has sole decision-making authority for significant decisions. This parenting plan, once entered, is used to govern how decisions related to the child’s education are made. 

If a parent has sole decision-making authority for educational choices, they may decide the school without input from the other parent. Even if there is a disagreement on school, a parent with sole decision-making authority can choose a school and enroll a child independently. However, parents who do not have decision-making authorities may still access the child’s school records and other documents related to significant issues. 

If parents have joint decision-making responsibilities, parents must communicate with each other to decide school-related matters, such as enrollment and transferring to another school. Different research goes into choosing the right school for your child, such as distance from their residence, after school programs and extracurricular activities, deciding between public and private school, and the curriculum. When parents are unable to agree on the school after attempting to work out their differences, there are other options that may be available. 

Mediation

Mediation is a voluntary process between two consenting parents, and it is facilitated by a third party neutral mediator. Mediation allows parents to discuss their positions, have assistance in their negotiations, and remain the decision-maker for their child. This option allows parents to reach a resolution about conflicting school-related decisions without the court’s involvement. 

Parenting Coordination

The court might appoint a parenting coordinator to assist parents in following their parenting plan to decide where to send their child to school. A parenting coordinator can either be an attorney or mental health professional, and their role is to help parents resolve conflicts related to their existing parenting plan. The parenting coordinator educates parents on their options and redirects their focus on the goal, and they can make recommendations to assist parents in conflict resolution.

Court Involvement

Parents have the option to seek a modification of the parenting plan if there is likely to be continued conflict about significant decisions like where the child goes to school. Pursuant to Section 610.5 of the Illinois Marriage and Dissolution of Marriage Act, a court will modify a parenting plan or allocation judgment if there has been a substantial change in circumstances and it is necessary to serve the best interest of the child. If there is no change in circumstances, modifications are permitted if it is in the child’s best interest and one of the following is proven:

• It reflects an actual arrangement by which the child was receiving care without parental objection for six (6) months preceding the filing of the petition for modification; 
• It is a minor modification;
• It Is necessary to modify an agreed parenting plan or allocation judgment that the court would not have ordered or approved if they were aware of the circumstances; or
• It is agreed to by the parties. 

When this matter is brought to the court, the judge might appoint a guardian ad litem or child representative for the child if the matter is highly contested. A guardian ad litem is appointed to investigate the best interest of a child and make recommendations to the court, whereas a child representative advocates for the best interest of the child. 

If parents are not able to come to a resolution on their own or with assistance from third parties, the court will decide where the child will attend school after considering the best interest of the child. The court will consider various factors such as the distance of the schools from the parent’s residence, prior agreements, and academic history. Alternatively, the court may order a modification of the parenting plan to appoint one parent sole decision-making authority and include provisions specifying the school the child will attend.

The team at O. Long Law, LLC, is here to help with allocations of decision-making responsibilities and other child-related matters. Schedule your consultation with O. Long Law, LLC, today.