Who Decides Where My Child Will Go to School After a Divorce in Colorado?

Who decides where your child will go to school after a divorce in Colorado depends on any prior school agreements and the Allocation of Parental Responsibilities outlined in your court-ordered Parenting Plan. You and your co-parent must complete and agree to a parenting plan before finalizing your divorce.

If you and your spouse cannot agree on a parenting plan, one will be created and ordered for you by the court.

You and Your Co-Parent Can Create a Schooling Plan Prior to Divorce

If you and your spouse share educational aspirations for your child, you can write out a schooling plan and include it in your parenting plan before divorce. Your attorneys or a mediator can help you meet legal requirements when drafting your plan.

You and Your Co-Parent Cannot Agree on Where Your Child Will Go to School After a Divorce

If you and your co-parent cannot agree on where your child will go to school after your divorce, you must consult your parenting plan. Your parenting plan is your first resource for resolving conflict between yourself and your co-parent.

Your parenting plan outlines the allocation of parental responsibilities between yourself and your co-parent. It details whether you hold parenting-time responsibilities and decision-making responsibilities jointly or as the majority parent.

Allocation of Parental Responsibilities and School Choice in Colorado

If one parent holds majority decision-making responsibility for your child, that parent has the authority to choose where your child will go to school. That parent is also responsible for deciding your child’s religious upbringing and major medical procedures.

If you and your co-parent share decision-making responsibility and disagree on school choice, you may be required to attend mediation in the event of a disagreement. Your parenting plan may have a clause designating one parent as the ultimate decision-making authority should a dispute arise.

When no clause exists, and you share decision-making authority, the court must make any schooling decision. The court would base its decision on the best interest of your child.

How the Court Decides Where Your Child Will Go to School After a Divorce in Colorado

When possible, you and your co-parent should make joint decisions about your child’s education. You are the closest parties to your situation and your child.

The court must look to your child’s best interest when making its determination. In doing so, it may review the following:

  • Whether your child has special needs;
  • Whether a particular school can meet your child’s special needs;
  • Each parent’s involvement with your child’s education; and
  • The logistics of attending a specific school.

If you have questions or concerns about divorce and your child’s education, talk to an experienced family law attorney.

Contact an Experienced Broomfield Divorce Attorney Today

Learn more about the allocation of parental responsibilities and how it impacts your child’s education by speaking with an experienced attorney at Danielsen Westhoff, PC. Our Broomfield divorce attorneys can help you create a thorough parenting plan or work with you to modify your existing plan.

At Danielsen Westhoff, PC, we realize your child’s education is a priority. We will take the time to address your concerns and provide you with your best legal options.

Contact Danielsen Westhoff, PC, at (720) 649-4876 or contact us online to schedule your initial consultation.