Memorial Day has come and gone, which means summer break has begun for most families. The good news is the kids will be out of school for three months, and you will have time to go to the cabin as a family. For divorced parents, though, it may also be a stressful time with the upcoming school year, due to a school choice dispute. How do Minnesota courts determine a child’s school placement if the parents disagree?
School choice falls under the umbrella of legal custody. Minnesota law defines legal custody as “the right to determine the child’s upbringing, including education, health care, and religious training.” In Minnesota, legal custody falls into two categories: sole or joint. If a parent has sole legal custody, that parent has the authority to determine where the child attends school – even over the other parent’s objection. In the event the parents have joint legal custody, things get a little more complicated when there is a disagreement on school attendance.
Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing, specifically including education. Oftentimes, parents agree to share joint legal custody, or a judge awards joint legal custody to both parents, because there is no dispute regarding school during a divorce. However, once a child moves from elementary to middle or high school, conflicts over where the child attends school often arise. Parents sharing joint legal custody may have a disagreement over where their children attend school for many reasons, such as tuition, location, and academics. If the parents cannot agree on a school, then a judge will have to make the decision.
Judges make school choice decisions based on the “best interests” of the children. Minnesota law lays out 12 best-interest factors that a judge must consider when making a school-choice determination. Factors include the child’s relationships with the community, their previous schooling, and any special medical or educational needs. These 12 factors are not exclusive, and a judge will make the decision on the totality of the circumstances. A parent who wants their child to attend a certain school will need to provide the judge with the best information possible about why that school is the right fit for the child. A judge will receive that information through affidavits from the parent and other individuals who have knowledge of the situation. A parent may also want to consider hiring an expert to prepare a report comparing the competing schools. If the child is old enough, a judge may even want to interview the child to determine their preference.
All of this is to say that if there is a potential dispute regarding school enrollment, parents must act sooner rather than later. The legal process is not a fast-moving institution, and a judge has 90 days to issue a decision. Meaning, if the judge hears your motion on school choice on June 1st, the decision may not come until August 30, 2026. The best practice is to address school choice disputes in the fall rather than in the summer before the school year. Although dealing with school in the fall is the best practice, school choice disputes frequently arise at inopportune times. Not to fear, though. Parents can resolve school choice disputes through mediation and may even appoint an arbitrator to obtain a decision much faster than a judge. At Hellmuth & Johnson, we are here to help you get the best results for your children.
Contact Jack Hicks ([email protected]) or Nicole Whitlock ([email protected]) to schedule an appointment.
