School choice often becomes a point of conflict after divorce. One parent may want private school, while the other may prefer public school. In Massachusetts, who decides usually depends on the custody order and parenting plan.
Who makes school decisions after divorce?
If parents share joint legal custody, they usually make major education decisions together. One parent should not assume they can enroll a child in private school alone when decision-making is shared.
If one parent has sole legal custody, that parent may have more authority over major school decisions. Still, the court order controls. Parents should review the custody judgment and any later orders before changing a child’s school.
What happens when parents disagree about private school?
If parents with shared legal custody cannot agree, a judge may need to step in. The court will focus on the child’s best interests, not just one parent’s preference. The court may consider the child’s school history, learning needs, grades, friendships, stability and the cost of tuition. Each parent’s finances may also matter. Under Massachusetts’ 2017 child support guidelines, courts could consider private school tuition as an extra expense.
Can one parent unilaterally enroll a child in private school?
Private school is not always required or barred after divorce. Whether one parent can make that choice alone depends on the custody arrangement and the court order.
If both parents must take part in major education decisions, one parent should not make a school change without agreement. If the order is unclear, parents should review it before enrolling the child to avoid a potential court dispute.
What to do if you and the other parent disagree
Start by reviewing the custody order and parenting plan. If reviewing the custody order does not resolve the disagreement, a Massachusetts family law attorney can clarify what the order requires and whether filing a modification request is an option.