What Happens When My Co-Parent and I Disagree on School Placement for our Children?

Generally, parents who have shared parenting or shared custody of their child(ren) must jointly make decisions for their child(ren), including determining the appropriate school placement for their child(ren). When parents disagree upon school placement, many parents choose (or the Court may require) parents to attend mediation to attempt to resolve the matter. In mediation, the mediator, who is acting in a neutral capacity, would help to facilitate a productive conversation regarding what options for school placement exist and assist the parents in coming to a resolution regarding which

option is in their child(ren)’s best interest. Parents know their child(ren) best, and we strongly believe that, whenever possible, parents are in the best position, not the Court, to determine what is best for their family.

When, even after attending mediation, parents cannot reach an agreement regarding school placement, the Court must become involved. In determining the appropriate school placement for a child, the Court weighs various factors to discern

what school is in a child’s best interest to attend, including all relevant factors contained in Ohio Revised Code 3109.04. Some common things the Court will consider when determining school placement are where a child is presently attending (or has historically attended) school, whether a child is well-adjusted to the school he/she is currently attending, where a child’s siblings attend school, each parent’s geographic proximity to the school placement options being considered, any financial implications regarding a parent’s preferred school choice (i.e., if school tuition will be owed and, if so, how tuition will be paid). The Court will also often consider any special needs of a child and whether each parent’s preferred school is able to meet those needs as well as the relative strengths of each school (academic, extracurricular, etc.) as it relates to the child.

If you anticipate that you and your co-parent may disagree upon school placement for middle school, high school, or the upcoming school year, it is best to begin the conversation early. Generally, we recommend that you and your co-parent

confirm whether you are on the same page regarding school placement at least six months prior to when a child would begin attending a particular school. If there is not an agreement regarding school placement, this should give you time to attend mediation to try to resolve the matter and, if unsuccessful, still leave you with enough time to ask the Court to intervene and set a school placement hearing prior to when the child(ren) would start school. Because Ohio courts manage a high volume of cases, it is not always possible for courts to set a hearing quickly. Furthermore, most parents would agree that it is not a good situation for a child if the child spends the summer leading up to starting school not knowing where he/she will be attending or if a school placement hearing cannot be set until after a child’s first day of school. For these reasons, it is crucial that, if court intervention is necessary, you contact an attorney and/or notify the

Court several months in advance of when a child would start school.