Who Decides Where Children Attend School After a Divorce in Tennessee?

The authority to decide where your children attend schools is normally set forth in a legal custody order. As a practical matter, the decision often depends) on the physical custody order which states where your children live. That’s because public schools decide which schools children attend based on their primary residence.

Parents who divorce have the right to obtain a legal custody order. Also, parents who are not married and who have children can obtain a legal custody order. When married parents divorce, they can obtain a temporary custody order until their divorce becomes final. The Law Offices of Adrian H. Altshuler & Associates handles the full range of family law issues for married and unmarried parents.

Who makes decisions about where children go to school?

The birth parents or adoptive parents are the primary deciders of school attendance. As long as your children are receiving a Tennessee-approved education, you and your co-parent decide where your children attend school after your divorce is final. Any agreement you reach should be recorded by an experienced divorce lawyer and made part of a legal custody order. The court order provides the authority for the school to accept your children.

Our Franklin County divorce lawyer has negotiated countless legal custody, physical custody, and other family law agreements. If you can’t reach an agreement with your spouse, a mediator or the collaborative divorce process can help you resolve your disputes. Collaborative divorce specialists work with psychologists, teachers, and other professionals to help assess your child’s educational needs. If you can’t reach an agreement with your spouse, a family law judge may determine where your child attends school.

What are the different types of school options for children in Franklin County?

Generally, a child can attend either a public school, a private school, or be homeschooled. There are many advantages and disadvantages. Public schools are generally free. Private schools require that the parents pay the school tuition. Home schooling requires that a parent stay home and spend their time teaching their child instead of working.

The other pros and cons depend on your general views on education, social contact with other children, the credentials and experience of the teachers, class size, the school’s academic reputation, whether you want your child to have a religious education, and many other factors.

What factors are used to determine which parent(s) decide where their children attend school?

Tennessee’s child custody law considers many factors to determine which parent has legal and physical custody. Many of these factors affect the decision of where your child attends school, including:

• The child’s relationship with each parent, including which parent has been mostly responsible for the child’s daily needs so far
• The willingness of each parent to encourage a healthy child-parent relationship with the other parent.
• The shelter, clothing, education, and medical care that has already been provided to the children
• Which parent has been the primary caregiver
• The “love, affection, and emotional ties” between each parent and the child
• The “emotional needs and developmental level of the child”
• The child’s relationships with siblings., other relatives, and with the “child’s physical surroundings, school, or other significant activities.”
• The need for community stability
• Any evidence of abuse
• The other people in the child’s home
• The reasonable preferences of children 12 and older
• The employment schedules of each parent
• The child support payments over the prior three years
• Other relevant factors

Additional school attendance practical factors include:

• The child’s relationships with other people in the school
• Who can ensure the child gets to school and gets home from school
• Whether your child has special physical, cognitive, or emotional needs
• Who will pay for a private-school education
• The ability of relatives to help the child attend school, participate in school activities, and learn outside the classroom

How does moving affect where your children attend school?

The answer to this question depends on a few factors. These factors include whether a parent:

• Is moving within the same school district
• Is moving to another school district in the same county
• Is moving to another state
• Is moving to another country
• Is the primary physical custodian of the child
• Has legal custody of the child

Generally, if the parent who is moving to another state is not the primary physical custodian, the child will stay with the parent who is the primary caretaker of the child.

If the parent who is moving is the primary physical custodian of the child and wants the child to move with them to another state or more than 50 miles away, that parent must comply with the parent relocation requirements of Tennessee Law. These requirements include notifying the other parent of the move, the reasons for the move, and explaining the right of the other parent to object to the move. If an agreement cannot be reached, a family law judge may decide whether the child can move with the parent – and which school the child will attend.

If a parent is moving less than 50 miles away, the other parent can contest the move, including which school the child attends by seeking to modify the current legal custody order.

Spouses and parents have the right to negotiate agreements about where their children attend school if they divorce or separate. The Law Offices of Adrian H. Altshuler & Associates has been helping parents protect their children when marriages or relationships end for more than 35 years. Our Franklin County divorce lawyer understands what factors courts consider when deciding legal custody and school selection issues, and how to enforce existing orders. Call us today or use our contact form to schedule a free consultation.