Who Decides where our Kids Go to School?

School is one of the topics that is covered by joint legal custody. If you have joint legal custody, you are to reach an agreements for all decision regarding school, religion, and healthcare. So if you have joint legal custody, you and your ex need to make a point of discussing school choice before making a final decision.

If you are unable to reach an agreement, you may need to go to court to Court. This could include going back to modify to sole legal custody so you can make educational choices on your own going forward. It could also include going back and getting a specific order with regards to school only.

When the Court makes decisions over school, they will look to the best interest standard. Here the Court will likely look to things such as the quality of school, the location of the school with respect to the parents homes, any special needs of the child, and the child’s connection to one particular school or another. The Court may also look into the after care options for the different schools.

If the Court is modifying legal custody, it will look to three statutes: Indiana Code § 31-17-2-8, Indiana Code § 31-17-2-15, and Indiana Code § 31-17-2-21.

Indiana Code Section § 31-17-2-21 states in relevant part:

(a) The court may not modify a child custody order unless:
(1) the modification is in the best interests of the child; and
(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 … of this chapter.

(b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.

Indiana Code Section § 31-17-2-8 lists the best interest factors that the Court must consider:

(1) The age and sex of the child.
(2) The wishes of the child’s parent or parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with: (A) the child’s parent or parents; (B) the child’s sibling; and (C) any other person who may significantly affect the child’s best interests.
(5) The child’s adjustment to the child’s: (A) home; (B) school; and (C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian….

Indiana Code Section § 31-17-2-15 is more specific to legal custody and shows that the Court needs to consider:

(1) the fitness and suitability of each of the persons awarded joint custody;
(2) whether the persons awarded joint custody are willing and able to communicate and cooperate in advancing the child’s welfare;
(3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age; 10
(4) whether the child has established a close and beneficial relationship with both of the persons awarded joint custody;
(5) whether the persons awarded joint custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so; and

(6) the nature of the physical and emotional environment in the home of each of the persons awarded joint custody.

Having a disagreement with regards to school choice can be serious, but modifying to sole legal custody could be a severe consequence if it is your first disagreement. To modify legal custody you will likely have to make a larger case that hits upon multiple disagreements as well as the the other factors in Indiana Code § 31-17-2-8 and 31-17-2-15.