Choosing the right school for your child can be challenging. If you and your co-parent share joint legal and physical custody — and your time with the child is equally divided and you live in different school districts or have different neighborhood schools — you can select which school district or school your child will be enrolled in. If one school or district is better than the other, the choice may be obvious.

But what happens if you share joint legal custody and school enrollment is in dispute? You may also be at odds with your co-parent about the type of education you want your child to receive. For instance, will the child attend public school, charter school, private school, or parochial school?

Do not leave this issue until the last minute to be addressed because resolving the issue will take time and if a judge becomes involved, it can take even longer. The following are some strategies to consider to make the process of choosing a school together easier:

Know the Law Regarding Choosing a School

There are two types of custody: legal custody and physical custody. While legal custody has to do with decision-making authority, physical custody refers to with whom the child lives. When parents are divorced or separated and they share joint legal custody of their child, they both get to have a say in their child’s education. If one parent has sole legal custody, it is not necessary to have the other parent’s input when it comes to where the child goes to school.

Typically, a child will attend school in the district where they reside — if parents share physical custody and the child spends an equal amount of time at both houses, the parents can choose between the two districts or neighborhood schools. In the event parents cannot agree where the child will attend school, a court may decide the issue based on the legal standard, “the best interests of the child.”

Review the Terms of Your Custody Agreement

The first thing you should do if you are facing an issue concerning joint legal custody and school enrollment is review the terms of your custody agreement. A well-drafted custody agreement should specify where the child will attend school and how decisions will be made regarding the child’s education. If you share joint legal custody and school enrollment is in dispute, the custody agreement should also include a provision regarding dispute resolution.

Focus on the Child’s Needs and Best Interests

The best interests of your child should be first and foremost when determining what school they will attend. Significantly, you may consider choices beyond public school based on your educational philosophy and the academic needs of your child. When making a decision, the Judge will look at all relevant factors, including those laid out in Minnesota Statute Section 518.17 Subd. 1. Some of the factors that should come into play when determining your child’s educational needs include:

• Your child’s learning style — One of the most important factors in choosing a school for your child is their learning style. For example, are they an auditory, visual, or kinesthetic learner? Do they work better in groups or independently? Once you have identified your child’s learning style, research schools where the teaching methods meet your child’s needs.
• Your child’s specific educational requirements — Does your child have specific needs such as academic support or special education requirements? Do they require a more challenging curriculum or have special interests? Choose a school that will provide an environment that will allow them to thrive.
• Your child’s opinion — If your child is old enough, consider their wishes. Involve them in the process of choosing their school. Take their opinions into account while managing their expectations.
• Transitions — Does your child manage transitions well? How long have they been in their current school and are they doing well there? Will this transition be disruptive to your child’s development and learning? Do they have established routines, activities and friends at a school location?

You should also consider logistics such as the cost of the education and the location of the school. Choose a school that is in proximity to you and your co-parent so it is convenient to pick up and drop off the child, especially if transportation is not provided. How does transportation impact the child as well as the parents?

Consider Mediation

Litigation should always be a last resort when you share joint legal custody and school enrollment is at issue. In fact, courts expect people to try some form of alternative dispute resolution before they will schedule a motion hearing. Not only can going to court be time-consuming and expensive, but it takes decision-making away from you and your co-parent by allowing a judge to decide the outcome instead. Mediation provides a structured and neutral setting where you and your co-parent can voice your concerns, discuss the options, communicate in a healthy manner, and reach a resolution.

During mediation sessions, a neutral third party called a mediator will guide the discussion to help ensure it is productive. They can assist you with exploring different solutions and keep the focus on your child’s best interests — rather than on the conflict with your co-parent. The process can also improve your relationship with your co-parent and give you the tools you need to resolve any disputes that may arise in the future. Once a resolution is reached in mediation, an agreement can be submitted to the judge to become an enforceable order.

Seek the Assistance of a Parenting Consultant

Joint legal custody and school enrollment is a common issue addressed by parenting consultants. These individuals are specifically trained to help parents resolve disputes. They can also be given the authority by you and your co-parent to make decisions in your case, if you can not reach an agreement. If mediation attempts fail, or you and your co-parent are unable to communicate effectively, working with a parenting consultant may be a good option. A parenting consultant can help you and your co-parent explore compromises or implement the elements of an existing custody order.

There are some services that help parents analyze their options and provide a recommendation, such as Fleming Education Group https://flemingeducationgroup.com. They charge for their services but they can provide some perspective as experts in the area of school choice.

Contact an Experienced Minnesota Family Law Attorney

If you are facing a dispute concerning joint legal custody and school enrollment, it’s vital to have a knowledgeable family law attorney by your side who can advise you regarding your options — and help ensure your child’s best interests are met. At The Law Shop Minnesota, attorneys Louise Livesay and Peter Ladwein help families across Minnesota with resolving their divorce and family law matters with respect, clarity, and compassion. They can also provide referrals to experienced family specialists and mental health professionals and assess whether your case is appropriate for mediation, the collaborative process, or another form of alternative dispute resolution.

To schedule a consultation at either our St. Paul or Edina offices — either in person or via Zoom, anywhere in Minnesota — please contact us online or call (651) 344-6100 for convenient, accessible legal support.

Louise Livesay and Peter Ladwein share a commitment to helping families find peaceful, practical solutions during difficult times. Together, they bring compassion, experience, and a personal touch to every case they handle.

With more than twenty years of experience, Louise has guided countless families in the Twin Cities and across Minnesota toward out-of-court resolutions through collaborative divorce, mediation, and other flexible, client-centered options. Peter shares that same dedication to protecting families and their futures. Having firsthand experience with a special needs family member, he brings a deep understanding and empathy to his work. Licensed in both Minnesota and Illinois, Peter helps clients navigate the legal process with care and clarity.

Louise and Peter work together to ensure every client feels supported, informed, and confident in moving forward toward a positive resolution.