As the new school year approaches, many divorced or separated parents face disagreements over school choices. In Colorado, the parent or parents who hold decision‑making responsibility determine such matters. Here’s how courts handle disputes over education in split households.
What Is Decision‑Making Responsibility?
Colorado law distinguishes between parenting time (who the child lives with and when) and decision‑making responsibility (who decides on medical, educational, religious, and extracurricular matters). Courts may allocate decision‑making jointly—requiring both parents to agree—or solely to one parent. They may also assign split responsibility depending on the issues.
When a judge issues or modifies a parenting plan, they base allocations on the child’s best interests, prioritizing the child’s safety, emotional needs, and ability to maintain relationships with both parents. Courts must make specific factual findings regarding the decision‑making allocation. This is set out in C.R.S. § 14‑10‑124.
Who Decides School and Educational Issues?
Education falls squarely within major decision-making authority. If both parents have joint decision-making, they must agree on school choice. If conflicts arise, courts look at each parent’s past involvement, ability to cooperate, and whether joint decision-making promotes the child’s best interests.
Among relevant factors are cooperation history and whether mutual decision-making fosters continued contact with both parents. These are enumerated in C.R.S. § 14‑10‑124(1.5)(b)(I)–(III).
When Can a Parent Change the Allocation of Decision-Making?
Modifying decision‑making authority is governed by C.R.S. § 14‑10‑131. Courts cannot change a custody or decision-making order unless:
- There’s been a significant change in circumstances affecting the child or parent; and
- The change is necessary for the child’s best interests, even if the current arrangement still provides stability.
Courts generally retain the original allocation unless: the parties agree; one parent repeatedly defers decision-making; or the retention of decision-making now endangers the child’s physical or emotional well-being.
Example: Disagreement Over School Selection
- If parents share joint decision-making, but cannot agree on enrollment in a particular school, the court may step in. It will consider which parent has historical involvement in educational matters, and whether one parent’s choice avoids further conflict.
- If one parent holds sole decision-making, the other parent does not get a veto but may still request modification if there is evidence that school choice is harming the child.
Child and Family Investigator Evaluations
When disputes over decision-making persist, courts may appoint evaluators under C.R.S. § 14‑10‑127 to assess parenting abilities, priorities, and the child’s needs. Evaluators report recommendations to help the court decide on joint vs. sole educational decision-making authority.
Putting It into Context
- If disputes over school choice arise, parents may want to negotiate or use a dispute-resolution process, especially when both hold joint decision-making.
- Courts will intervene only when collaboration breaks down, or when requested modifications meet statutory standards.
- A judge reviewing decision-making must analyze whether maintaining or modifying responsibility serves the child’s safety, education, and emotional stability.
When to Seek Legal Guidance on School Disputes
Decisions about school, extracurriculars, or religion can carry significant weight in a child’s well-being. When parents disagree—and parental cooperation falters—understanding Colorado’s statutory standards is critical.
Attorney Brian Boal, with experience in both family law and criminal proceedings in Colorado Springs, can provide guidance on crafting practical and legally sound decisions over education and parenting arrangements.