When parents divorce, sometimes the children will end up in two different school districts after the parents separate. If both parents have joint custody, in which school district will the children be enrolled? The short answer is that most children end up enrolled in the school district of the primary residential parent. However, there are some circumstances that may warrant a different choice.
For example: does the child already attend a school? If the child was enrolled in a school last year, parents may choose to leave their child enrolled in that school, especially if the child is a graduating senior. They may also choose to keep the child enrolled in a particular school until he or she has completed the grade level, in cases where a divorce happens mid-school year. Most of the time, this will require special permission if the primary residential parent does not live in that school zone.
In situations where the child has not yet been enrolled in school, both parents should agree on which school the child will attend. As we pointed out, this will likely be the school that is in the district of the parent with whom they are spending most their time. Ideally, this is an issue that will be dealt with in the parenting plan agreement, so that there is no confusion when it comes time for the child to start school in the fall. As you can see, figuring out where the child will attend school can be a complicated one, and if the parents are not inclined to compromise, it can turn into a fight that requires the child to be pulled out of the school they have been attending and moving to a school across town or even in another district.
What happens when a parent relocates out of Tennessee?
When one spouse moves out of Tennessee, or more than 50 miles from the other parent within Tennessee and the parties are in agreement to the move, the parents must create a new parenting plan to handle the changes associated with the relocation. (You can learn more about the steps needed for parental relocation here.) If there is no agreement on the move and the court feels that the relocating parent does not have a reasonable purpose for the move, then the decision about where he or she will go to school is, essentially, made for you.
Your trusted Nashville family law attorney at the law firm of Miller Upshaw Family Law, PLLC can help you and your spouse develop a parenting plan agreement as a part of the divorce. If both parties are unable to agree on certain aspects of the agreement, mediation is available to help them work out their differences and find a middle ground where both agree.
When you work with a knowledgeable Nashville divorce attorney, you have the benefit of their years of experience and familiarity with the courts. We can help you resolve your differences and develop a plan that will support the needs of your child for now and into the future. Please call 615-391-4200 or fill out our contact form to reserve your consultation with the experienced legal team at Miller Upshaw Family Law, PLLC.
Karla C. Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in 1996, she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here.
