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Who chooses your child’s new school after the marriage ends?

On Behalf of | Aug 13, 2025 | Child Custody

Your child recently graduated from elementary school or middle school, so they will be moving up, and you need to choose a new school as they enter this new stage in life.

When your child first started going to school, you and your spouse were still married, so you picked out their school together. But in the years since, the two of you have gotten divorced.

Now, there is a dispute about which school you should choose. Maybe each of you prefers one that is closer to your own home, for example, or maybe one person prefers a more traditional public school and the other prefers a Montessori school, a religious school or a private school. Who gets to make the decision?

How are legal custody rights divided?

All you have to do is consider how the court split up legal custody rights during your divorce. If you have sole legal custody rights, then you can just pick the school yourself.

However, in many divorce cases, courts will give shared legal custody rights to both parents. This means that both of you have a right to decide what school your child attends, and so you will need to work together and find a joint solution. You cannot just enroll the child in the school that you have chosen without consulting with your ex.

It is very important to understand all of your parental rights at a time like this. Additionally, if a dispute arises and the two of you cannot find a solution, then you need to know what legal steps to take moving forward.

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