Can I Choose My Child’s School if We Get Divorced?

 Posted on August 24, 2025 in Child Custody

For divorced parents in Miami, one of the most difficult decisions is where a child should attend school. A new school may promise better academic programs or a shorter commute, but it can also mean disrupting friendships, routines, and a child’s sense of stability. Florida law treats school choice as a major parenting decision, which means that one parent cannot simply make the switch without the other’s agreement or a court order.

Under Florida Statute § 61.13, educational decisions are part of what the law calls "parental responsibility." In most cases, parents share parental responsibility, which requires them to make major decisions, including school choice, together. If parents cannot agree, the court must decide based on the child’s best interests.

If you are divorced and hoping to change your child’s school, talk to our Miami, FL family lawyers. We will work with your unique situation to help you understand your options.

What Does Florida Law Say About a Child’s School After Divorce?

When parents share parental responsibility, neither can unilaterally change a child’s school. If one parent moves the child without the other’s consent, it could lead to a motion for contempt or a petition to modify the parenting plan.

As of August 2025, Florida family courts in Miami-Dade County continue to emphasize cooperative parenting whenever possible, but they also intervene when necessary to protect a child’s welfare.

If a dispute reaches court, judges in Florida will weigh several factors to decide whether a school change serves the child’s best interests. These factors include:

• The quality of the current school compared to the proposed school.

• The child’s academic progress and special educational needs.

• The effect of the change on each parent’s time-sharing schedule.

• The child’s relationships with peers, siblings, and extended family.

Why Parents Fight About School Changes 

Changing schools can reshape a child’s daily life in profound ways. Parents may disagree about which district offers the best opportunities, or they may see the issue through the lens of their own schedules and convenience. For example, one parent might want a school closer to their home in Miami, while the other argues that moving the child would interfere with the child’s routine and long-standing friendships.

Because this issue involves both parental rights and a child’s future, it is natural for parents to disagree strongly about what to do. Although parents are encouraged to solve disagreements using mediation whenever possible, sometimes arguments about school choice do move forward to litigation.

When Will a Court Make Decisions About a Child’s School? 

If mediation fails, a judge will hear arguments from both parents and then issue a ruling based on the best interests of the child. In some cases, the court may consider testimony from teachers or school counselors, review academic records, and examine how a change may affect the child’s overall well-being. Because these decisions can shape a child’s education for years to come, and because you will need strong evidence supporting your position, it is important to approach them with careful legal guidance.

Contact a Miami, FL Child Custody Attorney for Modifying a Custody Plan

If you are facing a dispute over where your child should attend school, a Miami, FL child custody lawyer at Miami Family Law Group, PLLC can help you understand your rights and responsibilities. We will explore peaceful solutions whenever possible, always preparing to present a strong case in court if necessary. Call 305-520-7874 today to learn how we can assist with your parenting matter.