Choosing a school can become a major issue when parents in Willoughby are no longer living together. One parent may want a school closer to home, while the other may prefer a different district, private school or program that better fits the child’s needs. When neither parent agrees, who gets to make the final decision?
In Ohio, the answer can depend on the parents’ custody arrangement and the terms of their court order. A disagreement about school choice may require reviewing the allocation of parental rights and responsibilities, the shared-parenting plan, if one exists, and each parent’s decision-making rights.
How Ohio courts may handle school disputes
Ohio courts consider several factors when allocating parental rights and responsibilities. Those factors include the parents’ wishes regarding the child’s care and the child’s adjustment to home, school and community.
When parents have a shared-parenting plan, school choice can become more complicated if they cannot reach an agreement. A court order may designate one parent for school-enrollment purposes. However, that designation does not automatically give that parent unrestricted authority over every school-related decision. The exact decree and shared-parenting plan control.
Depending on the terms of the court order and the issues raised, the court may consider facts such as:
- The child’s current school and academic adjustment
- The distance between the parents’ homes and the school
- The child’s ties to the school and community
- The ability each parent to work together on major decisions
- The reasons each parent gives for choosing a particular school
Considering these facts can help show why a proposed school may or may not meet the child’s needs.
What if parents still cannot agree?
If parents cannot resolve the dispute, the existing court order and shared-parenting plan may identify how school-related decisions must be made. The order may give one parent authority over a particular issue, require both parents to participate in the decision or set out a process for resolving disagreements.
If court intervention is necessary, the court will consider the existing order, the relief requested and the legal standards that apply, which may include the child’s best interests.
Reviewing the custody order and shared-parenting plan with a family law attorney can help a parent understand the decision-making provisions that apply and evaluate options for addressing a school dispute.
Keeping school decisions child-focused
School choice affects more than a child’s classroom. It can affect transportation, daily routines, friendships and the child’s connection to the community. Focusing on these specific considerations can help keep the dispute centered on the child’s needs rather than the parents’ disagreement.