Family Law

School Choice

Almost every parent wants the best education for their child. In most Michigan divorce and custody cases, parties are awarded joint legal custody, As joint legal custodians, parents must jointly make decisions regarding the educational upbringing of their child. In simple terms, both parents have an equal say regarding choice of school in Michigan.

Choice of school in Michigan can be a strong point of contention. So, what can a parent do if they cannot agree on a choice of school in Michigan? Like most decisions that need to be made for children in divorce cases, if the parties cannot agree, then the parties have to go to Court and allow the Court to decide.

The landmark choice of school case in Michigan was decided by the Michigan Supreme Court on May 11, 2010. The case is entitled Pierron v. Pierron. The Pierron. This case determined how a school choice decision must be made by the Courts. The trial court must conduct a hearing and decide the issue applying the best interest factors. The court hearing is called a Lombardo hearing.

Make Education Decisions Part of Your Divorce Agreement

During a divorce, it’s common for spouses to put off decisions that don’t need to be resolved immediately. Future education decisions often fall into a “we’ll deal with that later” category. But delaying this topic can lead to problems after your divorce is final, which can translate into additional, significant legal fees, as well as possibly heading back to court.

If you and your spouse are clearly on the same page as far as your children’s future education, the matter may not be too pressing. But if you’re not, then you should deal with this issue—during your divorce. In either case, make sure education decisions are specifically addressed in your final divorce judgment if possible.