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Education is increasingly being considered a vital factor when determining a kid's best interest in child custody cases. For instance, if a parent produces sufficient evidence to the effect that their children perform or behave better in school while staying with them rather than their spouse, they can easily be granted custody. If, on the other hand, school records demonstrate that a child is tardier or unnecessarily absent from school as well as fails to socialize properly while residing with a particular parent, the court will find custody with the alternative custodian to be in the child's best interests. Among the most contentious issue in child custody cases is the education of the kids and choice of school.
Who Decides What School the Children Will Attend?
The majority of domestic cases after divorce cover the children's schooling and the question of what school they will attend often arise. This important decision is made by the parent(s) with legal custody. If, however, the parents in joint legal custody are unable to agree on the most appropriate school for their kids amicably, the court will intervene. Sometimes, parties may agree upon taking their kids to a private school but disagree on the division of expenses, which is where the court comes in handy.
Public vs. Private Schools
It's not unusual to find parents disagreeing regarding how to educate their kids upon divorce. If, for example, a parent is seeking an order to have their children attend a private school rather than a public one, the court will consider some factors. Such include the child's educational history, whether the parent's had discussed the prospect of sending the kids to the school in question prior to their divorce and their ability to pay for the schooling comfortably. If a parent decides to send their kid to a private school in the absence of an agreement or court order, they might be compelled to pay the entire tuition fees amount.
In every child custody case, the court must contemplate what is in the kid's best interest and matters involving education are no exception. Before forcing you to pay for your kids' private tuition, the court will consider a lot of factors, including your income, mutual agreement between you and your estranged spouse and your child's specific needs. Thus, it's imperative to consult with a divorce attorney to obtain appropriate counsel regarding your potential obligations when it comes to educating your kids after divorce.