Who Decides Where a Child Goes to School After Divorce?

 Posted on December 07, 2025 in Child Custody

Imagine this: You and your ex are divorced, and you disagree about where your child should attend school. You want your child to stay at their current school where they have friends and familiar teachers; your ex wants to enroll them in a different district. You both want to know who gets to make this decision.

Sound familiar? This is a very common scenario for couples with minor children who are still in school. Where a child goes to school, and when you can change that school, depends on what your divorce decree says about decision-making authority. Some parenting plans allow one parent to make all these decisions; other plans require both parents to agree before any major changes can be made.

If you and your child’s other parent are fighting about where your child goes to school, call our Yorkville, IL child custody lawyers. We will help you understand the terms of your parenting plan and, if the circumstances call for it, ask the court for permission to change your parenting plan so you have more say over your child’s education.

What Is Parental Decision-Making Responsibility in Illinois?

Illinois law under 750 ILCS 5/602.10 distinguishes between parenting time and decision-making responsibility. Parenting time is any time, day or night, that your child spends with you. Decision-making responsibility is the ability to make major life decisions for your child.

Courts can give decision-making authority to both parents or just to one parent. Joint decision-making means both parents must agree on major decisions. Sole decision-making gives one parent the authority to decide without the other parent's consent.

Your parenting agreement or court order specifies how decision-making is set up and usually addresses education, religious upbringing, extracurricular activities, and medical decisions. Look at your divorce decree or allocation judgment to see what it says about educational decisions.

What Does Joint Educational Decision-Making Mean?

If you have joint decision-making for education, both parents must agree on school-related choices. This includes which school your child attends, whether to change schools, enrollment in special programs, and decisions about special education services.

Joint decision-making requires cooperation and communication. You must discuss options with your ex and try to reach an agreement. If you cannot agree, you may need to attend mediation sessions or go to court. Some parenting plans include details about what parents need to do when they don’t agree about important decisions; if your parenting plan says you will go to mediation to make decisions when you cannot reach an agreement, that is what you must do.

Many parenting agreements include tie-breaking provisions. If parents cannot agree after good faith efforts, one parent might have final say on education while the other has final say on healthcare. These provisions prevent deadlock on important decisions.

What If One Parent Has Sole Educational Decision-Making?

Sole educational decision-making gives one parent the authority to decide school matters without input from the other parent. The parent with sole authority can choose the school, enroll the child, and make educational decisions independently.

However, even with sole decision-making authority, the other parent still has rights. Under 750 ILCS 5/602.11, non-decision-making parents still have the right to work with the child’s teachers, have a child's school records, and go to school events. Having sole decision-making does not mean the other parent is excluded from the child's education.

Courts grant sole decision-making when parents cannot cooperate, when one parent has been absent from the child's life, or when one parent has superior knowledge about educational issues. The court's focus is always on the child's best interests.

Can School Decisions in a Parenting Plan Be Changed?

If your current arrangement is not working, you can ask the court to modify decision-making allocation, but you must show a substantial change in circumstances and that the modification you are proposing serves the child's best interests.

Examples of a substantial change include:

• One parent consistently refusing to cooperate with joint decision-making

• One parent making unilateral decisions despite joint authority

• Significant changes in the child's educational needs

• Relocation by one parent affecting school district options

Courts are reluctant to modify parenting orders without good reason. You need clear evidence that the current arrangement harms your child or that circumstances have changed significantly since the original order.

What If We Can’t Agree About School Choice for Our Child?

When parents with joint decision-making cannot agree on school choice, mediation is often the first step. Many Illinois counties require parents to try mediation before filing motions about parenting disputes. A mediator helps you and your ex discuss options and try to reach an agreement.

If mediation fails, you can file a petition asking the court to decide on the issue. The judge will consider factors including the quality of schools, distance from each parent's home, the child's current school and friends, special educational needs, and the child's preference if they are old enough to express one.

Illinois courts always consider the child's best interests using multiple factors. School stability matters. Courts generally prefer keeping children in their current school unless there are compelling reasons to move.

Does the Child’s Residence Affect School Choice?

The parent with majority parenting time often has practical control over school choice because children usually go to school near the home where they spend most of their time. If your child lives with you during the week, they will typically attend a school in your district even if your ex has joint decision-making.

This creates tension when parents live in different school districts. The parent with less time might want the child in a different school, but logistics might make it impractical if the child does not live near that school during the week.

Relocation cases can make these decisions especially complicated. If one parent wants to move to a different area, school choice becomes intertwined with the relocation decision. Courts must consider how relocation affects the child's education and relationship with both parents.

Call a Kendall County, IL Child Custody Lawyer Today

Contact Goostree Law Group at 630-584-4800 for a free consultation about your case. Our Yorkville, IL child custody attorneys are part of a large, well-established firm with decades of experience and a great reputation for working with tough cases. We understand Illinois parenting laws and can help you navigate school decision disputes to ensure your child's educational needs are met.