Navigating Custody Orders and Schools in North Carolina

With school back in session, we always start to get more questions about how custody orders affect school.

Each year, we handle hearings where a judge is asked to decide which school a child will attend because the parents cannot agree.

Disagreements Over School Selection

In most cases, parents agree on where their child will go to school. However, there are times when they disagree.

If there is no custody order, or the current custody order does not specify the school, either parent can file a motion with the court to decide which school the child should attend.

Common disagreements include whether the child should attend public school, charter school, or be homeschooled.

How Judges Make School Decisions

When making a decision, judges consider several factors, including:

• The child’s current or past school attendance.
• Why each parent believes their choice is best for the child.
• The school’s location and schedule.
• The custodial arrangement between the parents.

In our experience Judges will do everything in their power to keep the child in the same school as the child has been in previously unless this is impossible due to the parents moving out of the district or it is clearly shown that the school is not meeting the needs of the child.

Rights of Parents with Joint Legal Custody

If you have joint legal custody, both parents have equal rights to access school records and communicate with teachers, even if one parent disagrees.

It is essential for the non-primary parent to:

• Provide the school with a copy of the custody order.
• Sign up for school emails and report cards directly from the school.

The primary parent is not obligated to share this information unless the custody order specifically states otherwise.

Participating in School Meetings

Parents with joint legal custody can attend parent-teacher conferences and participate in Individualized Education Program (IEP) meetings.

If you are separated but do not have a custody order, joint legal custody is presumed, meaning you have access to school records and communication with teachers.

The Importance of Communication

While open communication between parents is ideal, sometimes it’s not possible.

If the other parent is uncooperative, you still have legal rights to access your child’s school information.

How Can a Raleigh Family Law Attorney Help?

Custody laws can be confusing, and having a family law attorney on your side can make the process easier.

Here are a few ways an experienced custody attorney can help:

• Simplifying the Legal Process: If you’re unsure how to approach a custody case or don’t know the difference between legal and physical custody, a lawyer can guide you through the legal process. They know the local courts, judges, and rules, ensuring you have the knowledge and support you need.
• Providing Peace of Mind: Custody hearings can be stressful. An attorney acts as a buffer between you and the other parent, reducing direct communication and helping you focus on spending quality time with your child.
• Fighting for Your Rights: The courtroom can be intimidating, and without a lawyer, you might feel pressured to settle quickly. A custody attorney will advocate for your rights, ensuring the best possible outcome for your family.

Call The Breeden Law Office Today

Attorney Jonathan Breeden has dedicated his career to helping parents and families find peace of mind in their custody issues. He was born, raised, and educated in North Carolina. When you need help with your custody matters, he’s the one to turn to.

If you have any questions about your parental rights or your child’s school, please contact us at (919) 661-4970 or go to www.breedenfirm.com.