By: Jessica A. Saldin
There are many issues related to education and school that must be considered as part of a divorce case. Prior blog posts have discussed some of these issues. This post is specifically focused on private schooling and how the issue may be treated as part of your divorce case. There are several questions that you may have if you are considering private schooling for your children while going through a divorce.
One of the first questions may be, “can I enroll my children in a private school?” This question is related to general questions about educational decision making responsibility. Courts in Colorado tend to find that joint decision making responsibility is in a child’s best interests unless there are specific circumstances that cause the court to find otherwise (for example, in situations of domestic violence, if one parent refuses to communicate regarding decisions, etc.). Therefore, if you already have orders delegating educational decision making responsibility, the decision of the school in which you enroll the child must be made in accordance with the delegation in your orders. If you do not have orders regarding decision making, it is always best to try to reach an agreement with the other parent. Even if there is not an order requiring joint decision making responsibility, courts prefer to see parties that try to reach decisions jointly. Simply making a unilateral decision can adversely affect the decision making orders the court eventually enters. However, you also need to keep in mind that, if you are requesting sole decision making responsibility because of domestic violence, lack of responses from the other parent, etc., if a joint decision is made on the issue that could be considered by the court as evidence that joint decision making responsibility is best for the minor child. Continue reading