Battles Over School Choice After Your Illinois Divorce

 Posted on August 25, 2025 in Family Law

For most parents, issues regarding children are just beginning once the allocation of parental responsibilities (750 ILCS 5/602.7) and parenting time has been decided. Parents who may still harbor animosity towards one another must make joint decisions that affect their children, including medical decisions, religious decisions, extracurricular activity decisions, and decisions regarding which school the children will attend. One parent may want the children to attend a private school or a religious school, while another may favor public education.

Even if parents agree on public education, one parent may want to move so the children can be in a "better" school district, while the other may be happy with their current school. These school issues can result in heated debates that may require the court to intervene. Understanding how school choice disagreements are resolved can be facilitated by speaking to an experienced Cook County, IL family law attorney.

Is School Choice Essentially a Custody Issue?

In 2016, Illinois replaced the term "custody" with "allocation of parental responsibilities" in its Illinois Marriage and Dissolution of Marriage Act (IMDMA). This change was a part of broader revisions that modernized parenting laws and focused on the roles of parents beyond physical custody.

The court considers several factors when determining the allocation of parental responsibilities, but the child’s best interests always take precedence. The court will determine how much time each parent will spend with the child (parenting time) and whether one or both parents will make decisions about the child’s education, healthcare, and religious upbringing.

The court may allocate parental responsibilities jointly or assign them to one parent. Even when both parents are jointly responsible for these important decisions, the court may designate one parent as the "residential" parent, which means the child primarily resides with that parent.

A School Choice Can Also Be a Financial Decision

Since most religious and private schools charge tuition, one parent may be against removing the child from public school because of the cost. The parent who wants to put the child in a private or religious school may expect the other parent to pay half the tuition.

If a judge finds that a private or religious school is in the child’s best interests, there may also be an order for the parent who wants the child in this type of school to pay the tuition, or the tuition could be split between the parents.

Other School Choices

There are more school choices than public, private, and religious. The issue may be one parent moving so the children can be in a different public school, but depending on the distance of the move, this can also affect the other parent’s role in the children’s lives.

If a child has special needs, the disagreement between parents could center around a specialized school or program for the child, or an individualized education plan (IEP) in public school. High school students may have even more choices than public, private, or religious schools. Some areas offer selective enrollment or magnet programs, plus there is the issue of how extracurricular activities factor into school choice.

How Will a Court Make a School Choice Decision?

The courts will settle a school choice dispute by looking at the following issues:

• The best interests of the child
• The proximity of a school to each parent’s home
• Past agreements in parenting plans
• The ability of each parent to afford private tuition.
• The child’s continuity of education
• The child’s academic history

When the court makes its decision regarding school choice, that decision will be included in an updated parenting plan, even if one parent is not happy with the outcome.

Contact a DuPage County, IL Parenting Time Lawyer

If you and your ex-spouse are facing disputes regarding your child’s education, a Lisle, IL family law attorney from SpyratosDavis LLC can help you navigate the process, which is usually an emotionally charged situation. Our attorneys are strategic problem solvers, thoughtful litigators, and compassionate thinkers. Call 630-810-8881 to schedule your initial meeting with one of our attorneys.