While parents remain married and live together, there may be a few questions about what school the children will attend. The parents may have already discussed the matter, and the shared residence typically limits the family to one particular school district.
After parents separate or divorce, educational matters can be less clear. The parents might potentially live in different school districts, which may mean they have more than one option for where the children attend. Alternative arrangements, like homeschooling and private school, may become less accessible after the divorce.
Parents can easily find themselves fighting over educational matters for their children. Who ultimately gets to choose what school the children attend or what type of education they receive in Colorado?
Parents usually have to agree
In Colorado, the state no longer refers to post-divorce parenting arrangements as custody. Instead, the courts establish an allocation of parental rights and responsibilities. Parents often prioritize securing as much parenting time as possible, but decision-making authority is also an important parental right.
In most cases, parents share decision-making authority after a divorce. In other words, they both have a say in educational matters for their children. If they cannot reach an agreement by discussing the matter directly, then they may find themselves headed back to family court.
In disputes related to major parenting decisions, judges consider what is likely best for the children. The best educational decisions for children depend on their unique needs and the performance of different school systems. A judge hearing a contested case about what type of schooling the children receive or what school system they attend may look at the situation carefully before reaching a decision that they think is best for the children.
In some cases, judges may decide to modify or update the allocation of parental rights and responsibilities. They can theoretically grant one parent the authority to have the final decision-making power in certain scenarios. Judges can also rule on individual disputes to settle a disagreement. Parents concerned about keeping their children at the same school or improving their educational opportunities need to understand whether or not they have the authority to make that decision.
Reviewing the allocation of parental rights and responsibilities with a skilled legal team is a good starting place for those who have concerns related to major decisions about their children. Parents who share responsibilities often need to agree on key decisions or prepare to take the matter to court.