How Maryland Courts Handle School Choice Disputes Between Divorced Parents

Selecting a school is among the biggest decisions that parents have to make regarding their children. However, for divorced or separated parents, differences in opinions regarding education are often a cause of conflict due to shared custodial rights. The situation may include disagreement about whether to enroll in a private or public school, transfer from one district to another, special education, or charter schools.

If parents fail to reach an agreement, a Maryland court may intervene in the case.

Legal custody determines educational decision-making 

Legal custody in Maryland is defined as the power of a parent to make important decisions concerning the welfare of the child, which includes issues relating to the child’s education, health care, and religion. Parents with joint legal custody must cooperate when making important educational decisions concerning the child.

Unfortunately, at times, this may not be feasible. When parents cannot agree on the education of the child because of disagreement, no parent has the right to make a decision alone for the child.

Common school choice disputes 

Disagreements about education may occur in various settings. They typically include:

• Which type of schooling a child should have – public or private
• Whether to send a child to a charter school or a magnet school
• A need to change schools due to relocation of one of the parents
• Choosing a school offering special education services
• Who will cover private school tuition in case of disagreement

Each family situation is unique, but the main legal issue stays the same – which form of education is in the best interest of the child.

The court focuses on the child’s best interests 

In Maryland, there is no automatic preference for one school selected by a parent. Each individual situation is carefully reviewed to choose an alternative that would best serve the interests of the child.

Among the criteria the court may take into consideration are:

• Quality of education offered
• Student’s academic achievements and needs in education
• Emotional and social development of the child
• Pros of staying at the existing school
• Proximity of the schools to the parents’ houses
• Parents’ ability to help the child with education
• Special needs programs provided by the school

If the child is old enough, their preference will be taken into account as well, but it will be just one more criterion for evaluation.

Parents should attempt to resolve issues before going to court 

Legal proceedings can prove costly, time-consuming, and emotionally draining to everyone involved. Parents are encouraged to use dialogue and negotiation to resolve any issues they have about their children’s education instead of taking legal action.

An agreement reached outside court can help parents retain more control over the matter without involving the child in unnecessary stress.

Talk to a Bel Air, MD, Divorce Lawyer Today 

Schlaich & Thompson, Chartered, represents the interests of Bel Air parents who need to resolve a major issue with their co-parent. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your case right away.