The beginning of the school year is a time when lots of parents have to decide where their child should be enrolled in school.  Divorced parents often wonder who gets to choose which school their children will go to, what rights they have in regard to school issues, and more.

To determine who gets to decide where the minor child goes to school, you first need to figure out what kind of custody you and your co-parent have.  There are two types of custody in North Carolina:

  1. Physical Custody

Physical custody determines where your child will live.  If you have sole physical custody, your child primarily lives with you. If you have joint physical custody, your child splits living time between both parents (even if the time is unequal).

  1. Legal Custody

Legal custody gives you power to make decisions for your child.  If you have sole legal custody, you may make decisions for your child without the approval of the other parent.  If you have joint legal custody of your child, both you and your spouse must agree on decisions that involve your child.

If parents have joint legal custody, day-to-day decisions are usually made by the parent that the child is living with.  The bigger decisions such as what school your child is to be enrolled in must be discussed and decided by the two parents together.

If you have a joint legal custody agreement already in place and you want to change your child’s school, both you and your co-parent will need to agree to change schools.

If you cannot agree, you may need to go to court and see if you can modify your custody order.

Child custody matters can get complicated, especially during the beginning of a new school year.  Our experienced Raleigh Divorce Lawyer at Miller Law Group is available for consultation and can help you learn what your legal rights are as a parent.  Contact our office and schedule a consult today!

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