Divorced With Kids? Where should they go to school?
A divorce can be devastating for all family members, especially for the kids of the divorcing couples because their lives are affected in many ways. One issue that comes up during divorce proceedings is the dispute over where the kids will attend school after the parents go their separate ways. Children whose parents are going through a divorce often fear that they will be separated from their teachers, classmates and friends. Kids also worry that they will bounce around or attend different schools each year.
The question remains, who gets to decide where the kids will attend school after divorce? Our Scottsdale divorce attorney at the law office of Hope E. Fruchtman will advice you and offer you the best answer for this question depending on the custody order. In most divorce cases, the decision of where the kids attend school is decided by the facts of the case. In the situation where one parent has sole legal custody, he or she has the right to pick which school the kids attend without the advice of the other party. Alternatively, when both parents share joint custody, they have to agree on the various issues about the kids i.e. the schools that they attend.
If the joint custody plan does not handle the issue of which school the kids attend, the parents have to agree in mediation, on their own, or through a divorce attorney who will file a motion in court for the judge to decide. It is also important to note that the presiding judge retains the authority to make special stipulations that are in the best interests of the kids; these factors include commuting time, desires of the children and parent, proximity to custodial parent among others. If you are worried how a divorce may alter your rights to make key decisions on behalf of your kids, it is a good idea to let our experienced divorce attorney guide you through the divorce process.
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Scottsdale, AZ 85260