When August rolls around, school supply lists and first-day photos aren’t the only concerns for separated or divorced parents. Many face a bigger question: What happens if we can’t agree on where our child should go to school? In Colorado, this kind of dispute boils down to legal custody—specifically, who has decision-making authority over education.
Legal Custody vs. Physical Custody
In Colorado, the term “custody” is broken into two parts:
- Parental responsibilities (physical custody): Who the child lives with
- Decision-making responsibilities (legal custody): Who has the authority to make major decisions about the child’s life, including education
These are governed by CRS § 14-10-124, which outlines how courts evaluate the child’s best interests.
Who Gets to Decide Where the Child Goes to School?
That depends on how your parenting plan is structured:
- Joint decision-making: Both parents must agree on major educational decisions. If they don’t, the issue may go to mediation or court.
- Sole decision-making: One parent has final authority over educational decisions. This is typically granted if the court finds that joint decision-making would be impractical or harmful to the child.
Most Colorado parenting plans aim for joint decision-making unless there’s a documented history of conflict, abuse, or inability to communicate effectively.
When School Choice Becomes a Flashpoint
Disagreements can arise over:
- Public vs. private school
- Charter schools vs. neighborhood schools
- Religious vs. secular education
- Special education needs or IEPs
- Transfers due to relocation
With more families considering alternative education models—like online schools, microschools, and hybrid academies—these disputes are becoming more common.
What If Parents Can’t Agree?
If parents with joint decision-making authority hit an impasse, one of them can file a motion with the court to resolve the issue. A judge may:
- Order mediation or appoint a parenting coordinator
- Hear testimony from educational experts, counselors, or school staff
- Consider how each option aligns with the child’s academic and emotional needs
Ultimately, the court decides based on the child’s best interests, not the preferences of either parent.
Can the Child’s Preferences Matter?
Yes—especially for older children. While Colorado law doesn’t give minors the legal right to choose their school, a judge may consider the child’s maturity, stability, and academic history when weighing educational options.
How Boal Law Can Help
At Boal Law, we’ve handled many school-related disputes in parenting plans, from public-private battles to IEP disagreements. We help parents:
- Clarify decision-making authority in new or modified parenting plans
- Build strong legal arguments based on what’s best for the child
- Resolve school conflicts without escalating to costly litigation
Don’t Wait Until the Bell Rings
Education decisions affect your child’s day-to-day life and long-term future. If you’re in conflict with a co-parent over schooling, or want to prevent future disagreements, Boal Law can help you protect your parental rights and your child’s academic success.