Education Decisions and Disagreements-How a Legal Paraprofessional Can Help

Disagreements over educational choices can be a significant source of tension for divorced parents.

In Arizona, child custody agreements often mandate parents’ involvement in such decisions.

This article will explore what happens when divorced parents disagree on where to send their child to school, providing guidance and potential solutions to help resolve conflicts amicably and legally.

Table of Contents:

• Joint Legal Custody Gives Both Parents a Say in a Child’s Education
• Reasons Why Parents May Disagree About School Choice
• What to Do When Disagreements on School Arise?
• How a Legal Paraprofessional Can Help You

According to the Arizona Department of Health Services, nearly 60% of divorced parents have disagreements about the school their child should attend.

De Novo Law can help you navigate these conflicts when one parent disagrees with professional guidance and support.

Joint Legal Custody Gives Both Parents a Say in a Child’s Education

In Arizona, joint legal custody, also known as joint legal decision-making, means that both parents share the authority to make decisions regarding their child’s life, including education.

This custody arrangement requires parents to collaborate and agree on essential choices.

Joint legal custody ensures that both parents remain involved in their child’s upbringing, reflecting the child’s best interest as outlined in A.R.S. § 25-403.02.

This statute emphasizes the importance of parents having parenting time and a voice in their child’s life, including decisions about schooling.

When parents cannot agree, they must find a way to resolve their differences without compromising the child’s well-being.

Reasons Why Parents May Disagree About School Choice

Parents may disagree about school choice for various reasons, each rooted in their own perspectives and priorities.

Some common reasons include:

• Differences in educational philosophy or values
• Proximity of the school to each parent’s home
• The child’s unique needs, such as special education requirements
• Preferences for private school versus public schooling

Understanding the root cause of the disagreement is the first step toward finding a resolution that prioritizes the child’s needs.

These disagreements can stem from genuine concerns for the child’s best interests or lingering conflicts between the parents.

What to Do When Disagreements on School Arise?

Parents have various options to consider when disagreements arise to resolve the conflict.

Review Your Custody Agreement

The first step in resolving a disagreement about school choice is to review your custody agreement.

A custody agreement often includes provisions for how educational decisions should be made.

It may also outline a process for resolving disputes, such as through mediation.

Put Your Children’s Needs First

When parents disagree, focusing on what is best for the child is crucial. This involves considering factors such as the quality of education, the child’s social environment, and their emotional and developmental needs.

Parents should set aside personal differences and prioritize their child’s well-being.

File to Modify Your Custody Order

If parents cannot reach an agreement, they may need to file a petition to modify the custody order.

Under A.R.S. § 25-411, a court can modify a custody order if it finds a change is in the child’s best interests.

This step should be considered when all other efforts to resolve the disagreement have failed.

Work Out Your Disagreements With a Mediator or Parent Coordinator

Mediation can be an effective way to resolve disputes without going to court. A mediator is a neutral third party who helps parents communicate and reach a consensus.

Similarly, a parent coordinator can assist in implementing and enforcing agreements related to the child’s upbringing. These professionals can help parents find common ground and develop a mutually acceptable plan.