By Attorney Brandy Thompson
In Michigan, the law encourages both parents to participate in major decisions affecting their child’s education, especially when joint legal custody is in place. When parents live in different school districts, selecting the right school for their child can become one of the most difficult decisions they face. So, how do parents in Michigan resolve disagreements about school placement in situations where they share custody? Here in the Lansing area, and all over Mid-Michigan, here’s what to keep in mind.
Who Has the Legal Right to Decide?
Under Michigan law, legal custody refers to the right to make major decisions regarding a child’s welfare. If parents have to share custody of the child, which is common in Mid-Michigan, deciding which school the child attends must be a joint decision. If only one parent has legal custody, that parent can make the decision unilaterally, unless the other parent has good cause to challenge it in court. The court may intervene and make a decision based on the child’s best interests, applying the factors listed in MCL 722.23.
What Factors Should Parents Consider?
If you have to share custody and are trying to select a school, it helps to approach the decision collaboratively. Below are some important considerations under Michigan law:
Academic Quality and Fit
- Does the school have a strong academic reputation?
- Are there programs or services (e.g., IEPs, advanced placement, or gifted programs) that support your child’s unique educational needs?
- Is the school environment one in which your child will feel safe, supported, and challenged?
Extracurricular and Social Environment
- Does the school offer clubs, sports, or music programs that your child enjoys?
- Will your child be able to maintain important friendships or continue sibling bonds if they attend this school?
Weighing Relationships and Stability
All of our family courts around Lansing, including those in Clinton County, Eaton County, Jackson County, and Livingston County, take into account the importance of maintaining the child’s relationships, including those with extended family, siblings, and the broader community. This should be a factor when selecting a school. Suppose your child has strong ties to their neighborhood or local extracurricular programs. In that case, you should choose a school that allows those relationships to continue to flourish. Choosing a school is a difficult decision that should not be based on only one or two factors. Instead, consider what is best for your unique child and their particular needs.
What If You Can’t Agree?
If parents with shared custody can’t agree on school choice, they can:
- Use Mediation: In counties such as Ingham, Clinton, and Eaton, many Friend of the Court offices offer free or low-cost mediation services to help resolve custody and school placement disputes.
- Request Court Intervention: As a last resort, a motion can be filed asking the court to decide which school is in the child’s best interest.
Contact a Family Law Attorney
Education decisions are among the most important choices co-parents make. Whether you’re in Okemos, Howell, Lansing, Charlotte, DeWitt, Howell, Jackson or elsewhere in Mid-Michigan, working collaboratively can save you stress, legal costs, and preserve your child’s stability.
If you’re facing education-related disputes in Michigan, consulting with a family law attorney can help you resolve those disputes. The Kronzek Firm provides collaborative family law services and litigation support to families in Mid-Michigan and across the lower peninsula of Michigan.
Contact our Lansing office at (517) 886-1000 to schedule a consultation and discuss the best legal path forward for your family. Our phones answer 24/7 and we can schedule appointments after business hours when necessary.
[Disclaimer: This blog is for general purposes only and it does not constitute legal advice. Consult an attorney for personalized guidance.]