Will my children be  able to attend private school after the divorce?  The following may help you answer that question.

Did your children attend private school during the marriage?  Your Atlanta divorce lawyer will ask you this question, because if your children have attended private school throughout their education, it is more likely that a judge will be sympathetic to their continuing in private school after divorce.

If your child is currently in private school, what is the reason he or she was enrolled?   How is the child doing in the current school environment?

Will it create a financial hardship for the child to attend private school?

Which parent is authorized to make final educational decisions under the Parenting Plan?  The parent  with custody, or the parent with final decision-making authority for education, is authorized  to make the decision about private school versus public school.  But note that the issue of paying for private school is separate from the authority to make a decision to attend.   If the custodial parent expects the other parent to pay for part or all of private school tuition and expenses, that financial obligation must be explicitly spelled out in the court’s order or in the settlement agreement.  If as a custodial parent you agree for the other parent to have final decision-making regarding education, be certain that the other parent also has the obligation to pay for private school if he or she makes that choice.

Private school education and the right to make decisions about  it, and the responsibility to pay for it, can be included in the divorce Parenting Plan and child support terms of the divorce. Discuss your specific questions or concerns with your divorce lawyer.

© Karen Hindson, Hindson & Melton LLC – February 26, 2015