Considering where you and your ex-partner’s child goes to school is a difficult issue. However, if you and the other parent have been awarded joint legal custody, you should always consult with the other parent before unilaterally changing the minor child’s school or school district. When parents are awarded joint legal custody, that means both parties are entitled to be involved with the decision on where the minor child goes to school. Before the minor child may be moved from the school district where the minor child has historically been attending, either both parties must agree on the move, or the party requesting to move the child to a different district must file a motion with the court asking the court to approve the move to the different school district.
If the court gets involved, they will considers a number of factors that bear on whether the move to the other district is in the child’s best interests. The court will look into the totality of the circumstances, but will look at 1) the impact of the move on the parents, 2) depending on the age of the child, whether the child wants to move school districts, 3) whether there are any issues with the minor child’s current school, and 4) any other issue that bears on whether the move would be in the best interests of the minor child.
If you are trying to make a decision on whether to move your minor child to a different school district, contact Boise Divorce Lawyer to discuss your options.