Making Decisions About Your Child’s School After Divorce

 Posted on September 20,2024 in Child Custody & Allocation of Parental Responsibility

In Illinois, when parents divorce, the issue of parental responsibilities — which includes making decisions about a child’s education — is addressed in the divorce decree. Parental responsibilities are divided into two main areas: decision-making and parenting time. Decision-making responsibilities cover significant aspects of a child’s life, including where they will attend school. 

In a divorce decree, the court may grant one parent sole decision-making authority, or both parents may share this responsibility, depending on what is in the best interests of the child. If both parents share educational decision-making, they must work together to agree on matters related to the child’s schooling, such as choosing between public or private schools, or deciding whether to continue the child’s current education plan. If you have questions about how educational decisions are addressed after divorce, a Kane County, IL child custody lawyer can help explain your rights and options.

What Happens If Parents Disagree About Schooling After Divorce?

If divorced parents share decision-making responsibilities for their child’s education but cannot agree on important decisions, such as what school their child should attend, they may need to seek legal resolution. One option is mediation, where a neutral third party helps the parents reach an agreement. If mediation does not work, either parent can ask the court to intervene. 

The court will then determine what is in the child’s best interest. Factors the court may consider include the child’s current school performance, special educational needs, and the stability of each parent’s proposed schooling plan. If the court believes one parent’s plan is better suited for the child’s welfare, it may grant that parent sole decision-making authority for educational matters.

Can I Change the Parental Responsibilities Arrangement if I Want to Homeschool?

It is possible to request a change in parental responsibilities, including decisions about education, if you want to homeschool or choose another unorthodox educational method like unschooling or fully remote learning. If you and your child’s other parent previously agreed to a traditional schooling arrangement, but one of you now wishes to switch, that parent would need to file a petition with the court to modify the parenting plan. 

The parent requesting the change must demonstrate that this new approach is in the best interests of the child. Courts tend to be cautious about unorthodox methods like unschooling, as they look at factors such as the child’s social life, academic needs, and the quality of the education. 

What Should I Do If My Ex-Spouse And I Do Not Agree About Our Kids’ Schooling? 

If you want to use a particular educational plan, such as homeschooling or enrolling your child in a specific school, but your ex-spouse disagrees, you have options. First, try to resolve the conflict through open communication or mediation. However, if discussions do not lead to an agreement, you can petition the court for a modification of parental responsibilities. 

The court will review your petition and evaluate whether the proposed change is in your child’s best interests. It is essential to present a well-structured educational plan that demonstrates how your proposed changes would benefit your child, and an attorney with Weiler & Associates, Inc. can help you do exactly that.

Contact a Kane County, IL Child Custody Lawyer

Making decisions about your child’s education after divorce can be hard, especially when you disagree on important matters like homeschooling or remote learning. Whether you are seeking to modify parental responsibilities or need help navigating this conflict with your ex-spouse out of court, it is essential to have a lawyer. Our dedicated St. Charles, IL family law attorneys at Weiler & Associates, Inc. are here to help you protect your parental rights and advocate for your child’s best interests. Contact us today at 630-331-9110 to schedule a consultation and discuss your case.