Who Decides Where a Child Goes to School? Understanding Co-Parenting School Disputes Under Georgia Law

Georgia school choice disputes are not uncommon in a metro Atlanta divorce. Both co-parents may have expectations of what is best for their child. During back-to-school season, these disagreements about where a child should attend school often come to a head.

Common co-parenting school disputes may include choices in public or private school, before- and after-school care, and schedules, just to name a few examples. Georgia law focuses on what is in the child's best interests. It is not necessarily what is best for the parent.

If you are facing disputes like this, our Georgia family law attorney at Attorney Sharon Jackson LLC can help you navigate the legal options available to you.

Who Has the Legal Right to Make Educational Decisions In Co-Parenting School Disputes?

Georgia child custody and school decisions often go hand in hand. Under Georgia's family law rules, the parent given legal custody of the child through a court-approved parenting plan typically has the right to make these decisions. That is not necessarily the parent that has physical custody.

What Happens if Parents Share Joint Legal Custody?

The court often provides both parents with shared joint legal custody, in which parents both have a voice in these decisions. When both parents share this right and responsibility, they must be able to discuss and make decisions together.

Most major educational decisions, including where a child goes to school, will be decisions both share in making. This includes special education plans, curriculum, and other decisions related to education and upbringing.

What If the Parenting Plan Gives One Parent Final Decision-Making Authority?

If one parent has sole legal custody, that party has the right to make all educational decisions for the child without getting input from the other parent. The other parent does not have to provide consent, and the court enables the parent with sole legal custody to make those decisions on their own.

Can One Parent Enroll a Child Without Permission?

In situations where one parent has sole legal custody, that parent can enroll a child in an educational program. They do not have to get the permission of the other parent. However, in situations where both parents share joint custody, both parents must agree.

How Georgia Courts Resolve School Choice Disputes

Education decisions and child custody in Georgia center solely around the best interests of the child. There's no single factor that determines this, though. Rather, it is a combination of factors such as the following that the court takes into consideration:

• The child's specific educational needs and any unique needs
• Academic performance of the child
• Stability and continuity of education, especially in locations where the child is well established
• Distance from each parent's home with the objective of keeping both parents involved
• Transportation concerns to and from school
• Special education services available to the child when there is a need
• Extracurricular opportunities in all environments, especially those where the child's interests are
• The child's preferences, to a degree and only when appropriate to consider them
• Financial impact of private school tuition, including who will pay for the costs
• Ability of each parent to support school attendance, based on where the child is located compared to the school's location

In joint legal custody in Georgia, families can come to agreements outside of court. However, if that is not possible, the court uses these factors to create an outcome for Georgia school choice disputes.

Public vs Private School

When it comes to who decides where a child goes to school in Georgia, most children attend public school, which is typically based on the child's physical custody home address. However, if one parent wants to put the child into a private school, confusion is possible.

Both parents can decide this in legal custody matters, but an agreement about where the child attends and how costs are managed must be made. If this decision-making is not possible, the court must get involved.

Homeschooling Disputes

The parent who has legal custody in Georgia can make decisions about homeschooling. Like every other situation, if a sole legal custody arrangement exists, that parent makes all of the decisions about the child's education. If joint legal custody is present, then both parents must agree or the court steps in.

What If a Parent Wants to Move School Districts?

In situations where a parent wants to move and that move impacts the child's education, and both parents share legal custody, a decision must be made between them. Generally, the person who wishes to move with a child must give the other parent written notice before the move, especially if there are concerns about visitation and parent access. Often, getting an attorney involved can be helpful at this point.

How Parents Can Avoid School Disputes

To keep things moving forward, focus on what is best for your child. Here are some things to consider:

• Review the parenting plan before enrollment deadlines.
• Communicate early about your needs and goals.
• Share school information with the other parent.
• Attend school meetings together when possible.
• Consider mediation before court if you cannot make decisions.
• Keep the focus on your child's needs.

Georgia school choice disputes in divorces in Gwinnett County can become frustrating when you cannot agree.

Hire a Georgia Family Law Attorney to Guide You

Who decides where a child goes to school in Georgia is a serious decision. When you want changes, reach out to our Georgia family law attorney at Attorney Sharon Jackson LLC for guidance. Contact us for a consultation at (678) 436-3636. 

FAQs About Georgia Co-Parenting School Disputes

What is joint legal custody in Georgia?
Joint legal custody gives both parents the same rights to make life decisions for the child. This is the most common strategy in family court.

What decisions can a parent with legal custody make in relation to the child's education?
The parent with legal custody can make decisions related to public, private, and homeschooling, choose a specific school or district, and approve specific educational services and accommodations.

What if the co-parent is making the wrong decision about your child's education?
If you believe the other parent is putting your child at risk, contact our Georgia family law attorney to discuss your rights and the legal steps available.