Few decisions feel more important than where your child goes to school. The right school shapes friendships, routines, and opportunities for years to come. But when you and your co-parent can’t agree on the answer, what can you do?
Most court orders award equal, or “joint,” legal custody to parents with minor children, regardless of the physical custody or parenting time arrangement. Unlike physical custody—which refers to where the children live and who they spend more time with—legal custody refers to the legal right and responsibility to make major, long-term decisions about a child’s upbringing, such as where they go to school, who their doctor is, and whether they attend church.
Because most parents have an equal right to make these decisions, disagreements create real tension. This blog post explains what courts consider when parents end up in a dispute over one of the biggest decisions they make each year for their children—education.
Neither Parent Starts with an Advantage:
You might assume the parent with more parenting time, or the parent who has done more of the day-to-day caretaking, automatically has the stronger position. In Minnesota, this is not the case. If the parents have joint legal custody, neither can unilaterally make a major decision, such as choosing a new school district, on their own. In fact, a parent can be held in contempt for violating a court order if they do so.
When parents have joint legal custody, each has an equal right to participate in major decisions for their children, like education. Courts will not evaluate competing custodial rights, or determine which parent has a better argument to make this decision.
Instead, courts will consider the “best interests” of the children. In other words, the court will not ask who “deserves” to make a major decision. The analysis focuses solely on what is in the children’s best interests.
How a Court Determines the Best Interests for the Children
Courts resolve decision-making disputes using the same “best interests of the child” standard that governs custody decisions. The court must consider all twelve statutory factors, make detailed findings on each one, and weigh each factor to make its decision.
As applied to a school dispute, here are the factors from Minn. Stat. §518.17:
- The child’s needs and development, including physical, emotional, cultural, spiritual, and other needs, and how the proposed school arrangement affects them.
- Any special medical, mental health, developmental, or educational needs the child has that may call for particular services or arrangements.
- The reasonable preference of the child, if the court finds the child old enough and mature enough to express a reliable, independent opinion.
- Whether domestic abuse has occurred in either parent’s household or relationship, and what that means for the child’s safety and well-being.
- Any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs.
- The history and nature of each parent’s involvement in caring for the child.
- Each parent’s willingness and ability to provide ongoing care, meet the child’s developmental and emotional needs, and follow through consistently with parenting time.
- The effect of changes to home, school, and community on the child’s well-being.
- The effect of the proposed arrangement on the child’s relationships with each parent, siblings, and other important people in their life.
- The benefit of maximizing parenting time with both parents, and the detriment of limiting it.
- Each parent’s disposition to support the child’s relationship with the other parent and to encourage frequent, continuing contact.
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The willingness and ability of the parents to cooperate in raising the child, reduce conflict, and use dispute resolution when disagreements arise.
Some of these factors may overlap, and some are more relevant in a dispute over a major decision like education. For example, the court may consider whether a new school district would affect the children’s relationship with family and friends (factors 9 and 10), how the proposed change would affect the children’s well-being (factor 8), or how a new school district would affect the children’s developmental needs (factors 1 and 2).
Don’t Leave this Decision to a Judge
Litigation is not the only path. A judge will do their best, but they do not know you or your family. If you and your co-parent cannot make this decision on your own, there are other approaches that give both parents a say.
Many education disputes are resolved through negotiation, mediation, or other forms of alternative dispute resolution. With some creativity, parents can reach an arrangement that serves the children’s best interests while respecting both households.
At Hill Crabb LLC, we understand how important it is to make these kinds of major decisions for your children. We are here to help Minnesota families work through difficult legal custody questions. Reach out today to learn more about how we can support you.