Private School and Custody

A teacher helps a smiling young girl with her work in class.

Every parent simply looking to make sure that their children are raised in a safe and stable environment where they get all that they require. During a divorce or custody proceeding, if the parents cannot come to an agreement, the judge will come to a decision about what is in the children’s best interest. The law in Minnesota presumes that the parents will have joint legal custody. Joint legal custody means that the parents will have to come together, discuss, and agree on major life decisions, such as religion, health care, and education. Parents will fight hard to make sure that their children get the best educational advantages they can provide. In some cases, this will mean private school.

Private school can provide some advantages over public school in many cases. If the parties have joint legal custody, they will need to discuss the option of private school and whether this is best for the children. This discussion will need to include the reasons for changing to private school, the philosophy and doctrine the school teaches, and the cost. In the best of situations, the parents will be able to come to an agreement about the private school.

It is completely possible, however, that the parents will not be able to make a mutual decision about whether the child should attend private school. Assuming the parents have joint legal custody, neither parent can un-enroll the child from their current school and re-enroll the children in a private school without the consent of the other parent. If one parent feels very strongly about choosing private school, he or she will have to return to court to seek to modify the custody order. The parent seeking to have the child enrolled in private school can seek to either have the court simply order that the child will be enrolled in a private school or can modify the order to provide that only one parent has educational decision making authority. The parent seeking the change will have to demonstrate that there has been a change in circumstances since the last order and also that the change he or she is seeking is in the child’s best interest.

We have extensive experience assisting our clients in understanding their obligations regarding major decisions in their child lives. Call us today at (651) 371-9117 and let us help you.