Can’t agree on where your child will attend school in the fall? In Minnesota, school choice falls under the umbrella of legal custody, so if you and your co-parent share joint legal custody the decision on where your child attends school needs to be agreed upon by the two of you.
If you can’t agree, you will need to involve the Court to make a decision for you. Keep in mind that the Judge will likely order you and your co-parent to attend mediation to attempt to resolve the dispute outside of court first.
At court, the Judge will look at what is in the best interest of the child(ren). When making a decision, the Judge will look at all relevant factors, including those laid out in Minnesota Statute Section 518.17 Subd. 1
1) a child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs and development;
2) any special medical, mental health, or educational needs that the child may require special parenting arrangements or access to recommended services;
3) the reasonable preference of the child, if the court deems the child to be sufficient ability, age, and maturity to express an independent, reliable preference;
4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs;
5) any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs;
6) the history and nature of each parent’s participation in providing care for the child;
7) the willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;
8) the effect on the child’s well-being and development of changes to home, school, and community;
9) the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child’s life;
10) the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;
11) except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child’s relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and
12) the willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize the exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.
Remember to consider the practical implications of moving schools, including but not limited to: the rating of the school, how far away the school is from each parent, and the availability of extracurriculars and other programs for the child(ren).
It is important to remember that scheduling and attending mediation and then subsequently going to court, all take time. The court has up to 90 days to issue a decision after hearing arguments, so early and purposeful resolution is key. Make sure you are looking ahead at how this will impact not just the next school year, but those to come.
Please keep in mind that every case is unique and it is always helpful to consult with an attorney about your individual situation.
Written by Cassandra L. Suchomel
The material contained herein is for informational purposes only. It does not create an attorney-client relationship between Galowitz • Olson PLLC and the reader. By viewing our blog, the reader understands that the information herein is not offered as legal advice and should not be used as a substitute for legal advice. Readers are encouraged to consult with an attorney for questions related to a specific situation or concern.
