Disagreements are bound to happen over the course of adapting to co-parenting. Yet, there are few things that cause more alarm than finding out your ex has moved your child to a new school without your consent. This unilateral decision can significantly disrupt your child’s life and violate your parental rights.

In most cases, an ex-spouse cannot change a child’s school without your permission if you share joint custody. In general, in these cases:

  • School placement is usually considered a “major decision” that requires both parents’ input.
  • If you and your ex cannot agree, the court will decide based on the child’s best interests.
  • If your ex has already switched schools, you must object quickly and may need to file a motion with the court.

If you find yourself in this situation, it is important to know the legal options available to you. At the Comunale Law Office, we have provided over 30 years of quality legal services to families in Dayton, and we are here to help you understand your rights should this issue arise.

What Counts as a Major Decision in Joint Custody?

When parents share joint legal custody, they must make significant decisions about their child’s upbringing together. These “major decisions” typically include matters related to:

  • Education
  • Health and medical care
  • Religious upbringing

Changing a child’s school is an integral part of their education. Unless your custody agreement gives one parent sole authority over educational decisions, both parents must agree on school enrollment. Making this choice without consulting the other parent can be a violation of the court’s custody order.

How Do Courts Decide School Disputes?

If you and your co-parent cannot reach an agreement on where your child should be educated, a judge will intervene. The court’s primary focus in making this decision will be the child’s best interests. A judge will evaluate several factors, which may include:

  • The quality of the academic programs at each school.
  • The child’s specific educational needs.
  • The social and emotional impact of changing schools.
  • The distance of each school from the parents’ homes.
  • The child’s preference, if they are old enough to express one.

The court will weigh these elements to determine which environment best supports the child’s development and well-being.

What Should I Do If My Ex Already Switched Schools?

If your ex-spouse has already enrolled your child in a new school without your consent, you should take immediate action. First, review your custody agreement to confirm the terms and both parties’ rights and responsibilities regarding educational decisions. Then, communicate with your ex in writing, state your objection, and request that the child be returned to their original school. Documenting your communication is crucial.

If your ex refuses to cooperate, you should consult with a family law attorney to understand your next steps.

When Should I File a Motion with the Court?

If informal discussions fail, your attorney may advise you to file a motion to enforce your custody order. This legal action asks the court to intervene and order your ex to comply with the agreement. The court may also hold your ex in contempt for violating the order. Filing a motion quickly can be important to minimize disruption for your child.

Take Action to Protect Your Parental Rights

Any custody dispute is challenging, but when your child’s education is at stake, the stress can be even greater. You do not have to face this alone. Attorney Tony Comunale has a proven track record of representing clients in complex family law matters, and he is ready to help with whatever you may be facing. Contact the Comunale Law Office today for a free consultation to learn how we can help protect your rights and your child’s future.