What Happens If My Ex And I Can’t Agree On Where Our Child Goes To School?

One of the many disputes I see between ex-spouses after the divorce is a disagreement about where the children will attend school. This is especially common if the divorce happened before the children reached school age. If the parents agreed on joint decision-making, how do they break the deadlock if they cannot agree on a school or school district?

That’s where the “Residence for School Purposes” section of the Parenting Plan comes into play. Although important, this section is frequently overlooked. It looks like this:

Often, parents leave this box blank, or add an additional box for “Both.”  This works well if both parents live in the same school district. However, after a divorce, one or both parents may move to a new school district, prompting a dispute about where the child will attend school.

In Colorado, the parent whose residence is used for school attendance has the right to “break the tie” and decide where the child will attend school. Thus, although many parents overlook it, careful thought needs to be given to this section at the time of the divorce. If the box is left blank, or both parents are designated, the parties have two options: (1) find a way to come to an agreement; or (2) let the judge decide which parent has the right to make the final decision.

This is just one example of many items that can be overlooked on a Parenting Plan. Talk to Katelyn about how to draft your Parenting Plan to prevent future disputes.

Don’t think you can afford attorney? Ask Katelyn about unbundled services!