In most Arizona custody cases, parents are awarded joint legal custody by a court. Legal custody involves making major decisions for children. Examples include decisions about education, healthcare and religion.
Legal custody is different from physical custody, sometimes called parenting time. Parenting time involves which parent the children live with and when.
Resolving parenting time disputes is often more difficult than legal custody disputes. However, deciding which school district your children attend is a common area of conflict between co-parents. If you share joint legal custody with your co-parent, you must consult with each other and agree on which school or school district your children attend.
School options
If you and your co-parent reside in the same school district and agree on the type of school your children will attend, the choice might be easy. Often, children in this situation attend the local public school in the district where both parents reside.
The decision becomes complicated if you and your co-parent reside in different school districts or you do not agree on what type of school your children should attend. Arizona offers various options for school enrollment outside of a child’s local public school.
There are private schools, but those usually cost money and could have a waiting list. Homeschool is another option. Perhaps you want to homeschool your children but your co-parent does not agree, or vice versa.
If you and your co-parent cannot agree on which school your children will attend, you must seek and receive a decision from a court before enrolling your child in school. Enrolling your child in school without the agreement of your co-parent will likely subject you to harsh scrutiny from a family court judge.
Should you try mediation first?
Before filing a petition in court, you might want to try mediation to see if there is still a chance to resolve the dispute yourselves. Mediation allows you to sit down with a mediator and discuss the situation.
A mediator cannot take a side, but they can help you listen to each other and explain the reasons for your decision. They can also offer neutral opinions or provide guidance on additional resources that can help you reach a resolution.
However, sometimes mediation fails. Additionally, if you know that neither you nor your co-parent are willing to budge on your decision, mediation could be a waste of time and money. You must then bring the issue to a family court judge.
Factors considered by a judge
In addition to the wishes of you and your co-parent, a judge considers the wishes of your children, depending on their maturity level, the presence of anyone else at the school who may have an impact on your children’s best interests and how your children will adjust to a new school placement.
A family court judge can consider various other factors. It is important to note that a family court judge will not order which school your child will attend. They will order decision-making power for educational decisions to one parent or the other.
School choice cases can be complicated, but your children’s future depends on having access to the best possible education. You must know how to effectively present your case to a judge to increase the chance of a favorable decision.