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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

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Back-to-school time can be stressful for parents, especially those who are separated or divorced.

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Divorced parents often face several legal challenges when it comes to sending their children to school. Many of these challenges require court intervention, which can take months. To ensure a smooth transition from summer to school for their children, both parents need to lean into understanding and communication, according to Jason P. Colvin, a partner at Warner Norcross + Judd LLP who focuses his practice on family law and divorce.

“To prevent future issues, parents should try to resolve as many issues involving their children’s education at the same time they resolve their divorce or custody action,” Colvin said. “However, there are times where an agreement cannot be reached and parents are left to figure out the specifics when it’s time for a child to attend school.”

To get started on a path toward agreement, parents first need to know and understand the court order in place regarding legal and physical custody, Colvin said. In Michigan, parents who share legal custody are required to agree on major life decisions for their children, including education.

“Most times, physical custody and parenting time schedules are different depending on whether it’s the summer or the school year,” Colvin said. “Understanding your order and what has already been determined by the court is the first place to start to better understand potential areas of disagreement heading into a school year.”

Let’s take a deeper dive into some of the back-to-school pitfalls for divorced parents:

What school should our children attend?

Parents should have these discussions at least a year before a child starts preschool so there is plenty of time to seek court intervention if an agreement cannot be reached, Colvin said. It often takes six to nine months to proceed through court to get a final decision on the establishment or change in a child’s school. Delaying this decision can leave your child out of school and behind their classmates when school starts.

If a child has already attended school the previous year, neither parent should take the child out of that school unless agreed upon between both parents in writing or after a court orders the child to attend a different school.

What is the parenting time schedule?

Any parenting time schedule during the school year should always be focused on what is in the best interest of your child and their education, according to Colvin.

“Frequent transitions between houses throughout the week can be difficult on children because they have to remember school items such as books, computers, favorite clothing, etc.,” he said. “They also have to transition to a new household parenting style and potentially different rules. For these reasons, it’s best to have a clear schedule for the child so they know in advance what specific days they will be at which home.

“Transportation availability and distances should also be taken into consideration when determining what schedule is best for a child during the school year.”

Who pays for school costs?

Typically, expenses for private school enrollment, school supplies and extracurricular activities are either divided equally or divided based on the ordinary medical percentage in the child support order, which is based on both parties’ income.

With no court order specifying who is responsible for a specific expense, school-year expense disputes can be common among divorced parents. Colvin suggests parents work to come to an agreement outside of course since a hearing likely will be more costly than the child expense at hand.

What happens when school breaks are not in the original agreement?

It’s common for a child’s school breaks not to be included in the original parenting time order, such as fall recess or midwinter break. Colvin suggests parents discuss these breaks when the school calendar is announced and reach an agreement on how they will be handled. The two most common options are: 1) treat them per the normal parenting time schedule or 2) alternate who gets the break with the children each year.

As with any agreement involving child custody or parenting time, it’s important to at least put the agreement in writing and have it signed and dated by both parents, according to Colvin. Ideally, these agreements should be submitted to the court as amendments to the parenting time order so they may be enforced in the future.

“Early communication regarding these issues is the key to preventing disagreements during a transitionary time that already brings its own frustrations and challenges for both divorced parents and their children,” Colvin said.

You can listen to the full interview <a href="https://www.iheart.com/podcast/960-west-michigans-morning-new-28352435/episode/back-to-school-divorcedseparated-parents-290301449" target="_blank" rel="noreferrer noopener">here</a>.

Understanding + Communication Are Key to Navigating Co-parenting During the School Year, Jason P. Colvin Tells WOOD Radio

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