O’Fallon Child Education and Divorce Attorneys
Decisions regarding a child’s education are among the most important and personal that a parent can make. Many people have deeply-held religious or political beliefs that a certain educational institution will foster and reflect, and the place where a child goes to school has can have a lifelong impact on his or her values, social circle, and goals.
Divorced or divorcing parents can often have significant disagreements regarding their child’s education, and these disputes can be very difficult to resolve. Among the factors that may affect the resolution of a disagreement regarding education and the custody arrangement into which they entered and the parenting plan they submitted to the court. Additionally, the cost of an educational program can come into play regardless of the child’s age, so the parents must have some kind of agreement relating to child support costs that factor into the child’s education plan.
The Marks Law Firm, L.L.C. can provide the guidance you are looking for regarding education issues in divorce.
Custody and Educational Decisions
Missouri law divides custody into two parts – legal and physical custody. Legal custody refers to decision-making authority over a child’s health, education, and welfare, while physical custody refers to the right to have the child live with the parent granted such custody.
If a parent has sole legal custody, he or she can make decisions regarding a child’s education regardless of the wishes of the other parent. However, there may be some limited circumstances under which a parent without legal custody may be able to petition a court to disallow the other parent from making a particular decision. If you find you are in these circumstances, you may want to explore this option further with an attorney.
In cases where the parents have joint legal custody, they share decision-making authority regarding education absent an agreement to the contrary. In these instances, parents will likely need to attempt to come to an agreement before a court gets involved, including engaging in mediation or other forms of alternative dispute resolution.
Parenting Plans in Missouri
Missouri requires parents who are divorcing to submit a parenting plan to the court before a custody arrangement is determined. Courts may use a parenting plan submitted by the parties or come up with a plan of their own if they determine it is in the child’s best interests. A parenting plan that identifies the party with whom decision-making authority regarding education resides can often help avoid conflict from arising in the first place. Consequently, it is important for anyone that is involved in a divorce in which child custody is at issue to retain an attorney.
Jonathan Marks has been handling these types of issues for families for many years and understands that every situation is different. Having an attorney on your side with this kind of experience can be crucial to achieving your desired outcome.
Contact an O’Fallon Child Support Attorney
If you are involved in a dispute with your child’s other parent regarding decisions about your child’s education, it is imperative that you retain legal counsel as soon as possible. We work with clients in the communities of O’Fallon, Wentzville, Lake St. Louis, Weldon Springs, St. Peters, St. Paul, Golden Eagle, and throughout St. Charles County. To schedule a consultation with an experienced Missouri family lawyer, contact us at 636-695-4125.