Enrolling Children in Private School When Divorced

When the time comes to decide where their children will attend school, many parents may question the quality of public education and turn to private schools. It is no secret that private schools can be costly, so it is important for divorced parents to know who can decide if their children will attend a private school, and in the event a decision is made, who will be financially responsible.

Which Parent Decides if Children Can Enroll?

If a divorce has been finalized, the Allocation of Parental Responsibilities outlines who has the authority to make decisions on education or if this responsibility is split between parents. Whoever holds this authority has the power to decide if enrolling the child in private school is in their best interests.

If the parent without authority over the children’s education opposes their enrollment in private school, they should consult with an attorney as the Allocation Judgment can be modified under certain circumstances.

If divorce proceedings remain underway when it is time to register the children for school, it is important to speak with an attorney as soon as possible to avoid missing registration deadlines and to learn what options are available.

The attorney may file a temporary order to establish where the children can attend school. In making this decision, a judge will often decide which parent has the children’s best interests in mind when deciding where to enroll them.

Who Is Responsible for Paying Private School Tuition?

The Allocation of Parental Responsibilities also decides who is financially responsible for their children’s enrollment in private school. It is important to note that in the event the parent with the authority to make educational decisions for the children decides to enroll them in private school and the other parent opposes, a judge may still hold the opposing parent responsible for partial payment despite their objection. This is because both parents have an obligation to provide for the care and expenses of the children, including educational expenses.

If finances are a concern for a parent, voicing concerns to an attorney can aid them in making an agreement to the courts for why private school may not be in the child’s best interest.

It is important to have a team of trusted, experienced attorneys by your side to offer support and resources. Kogut & Wilson attorneys can assist with questions related to Allocation of Parental Responsibilities and provide guidance through various processes.


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