
As a parent, you want what is best for your children, especially when it comes to their education. Choosing the right school can feel like one of the biggest decisions you can make. However, when you are divorced or separated, and custody arrangements are in place, selecting a school for your child is not always easy.
Many times, parents do not see eye to eye on this issue, and that can add tension to an already complicated relationship. Here is what you will want to know about child custody and school choice in California. This can give you a better sense of who has the right to decide on your child’s educational needs.
Why School Choice Often Leads to Disagreements
For many parents, picking the right school is about shaping their child’s future, providing stability, and supporting their emotional and social growth. Many times, school choice is one of the most common sources of conflict between co-parents after a divorce or separation.
Disagreements arise because each parent may have a different vision for their child’s education and upbringing. For example:
- One parent prefers a public school close to home for convenience and community ties, while the other believes a private school offers better opportunities.
- One parent wants to keep the child at their current school for stability, while the other thinks a fresh start at a new school is best.
- Parents living in different school districts may each prefer the school closest to their home, especially if they share custody.
Without an agreement, the situation can escalate into frustration and conflict. As a result, it is harder to focus on what matters: your child’s well-being.
How Does Legal Custody Play into Educational Decisions?
In California, legal custody will be a major factor in these decisions. This type of custody refers to the right to make major decisions about your child’s upbringing, including their education, health care, and religious practices.
If you and your co-parent share joint legal custody, you have an equal say in where your child goes to school. But when one parent has sole legal custody, that parent has the final word on school choice.
Many parents assume that whoever has physical custody (where the child lives) gets to pick the school. Unfortunately, that is not always the case. While physical custody impacts where your child lives, legal custody determines who gets to make big-picture decisions like education.
What Happens When Parents Disagree?
If you share joint legal custody and cannot agree on school choice, neither party has the right to make a unilateral decision. What does that mean? You cannot enroll your child in a different school without the other parent’s consent.
When parents reach a stalemate, there are three ways to move forward:
- Discuss the issue: Sometimes, stepping back and focusing on what is best for your child can help you find common ground.
- Try mediation: A neutral third party can help you work through the disagreement in a calm, productive way.
- Ask the court to decide: If all else fails, you can take the matter to family court and let a judge determine what is in the best interest of your child.
Resolving School Choice Disputes
If you are struggling to agree with your co-parent about school choice, here are a few steps to consider:

- Check your custody order: You will want to see whether it specifies which parent makes educational decisions.
- Document your concerns: Like any issue that could go to the court, make sure to keep track of why you believe your preferred school is better for your child.
- Stay focused on your child’s needs: It can be hard, but you may want to set aside personal conflicts and look at what will benefit your child in the long run.
- Work with an attorney: An experienced family law lawyer can help you negotiate a solution or present your case in court if necessary.
We Are Ready to Help with Your Child Custody and School Choice Issues
Child custody and school choice in California are difficult issues. Not all parents agree about what is right for their kids. And many times, these disagreements can be emotional. You want the best for your child, and it can be hard when you and your co-parent see things differently.
If you are facing a dispute over school choice in California, Roberts & Zatlin Law Office is ready to help. We can find a resolution that focuses on the best interests of your child. To schedule a consultation and receive a free initial assessment of your case, please call (951) 381-8147 today.