Will the Clark County Family Court Intervene in Educational Disagreements?

Posted by on Mar 2, 2017 in Child Custody | 0 comments

Child sitting at deskThis is the next post in my series discussing which issues the Clark County Family Court will intervene in once a custody and parental plan is in place. My last post explained why the Court system will not determine what religion a child is to be brought up under when parents cannot decide. In this post I will explain how the Court handles educational disagreements between parents.

As children grow up parents who share custody often run into issues that they do not agree with. Education is a common area in which parents often disagree. Issues that parents often butt heads over include classes a child should take, how much time a child should spend studying, extracurricular activities, and whether a child should be enrolled in a private vs. public school. I will briefly explain how the Court would handle each of these issues.

The biggest disagreement parents often have is if one parent wishes to change a child’s school. The Court may intervene depending on the circumstances of the case. For example, if the child is enrolled in private school, and one parent no longer wishes to pay for the tuition, a parent may be able to force a parent to continue paying if tuition was part of the original divorce/child custody settlement. However, if a child is in public school, and parent A wishes to enroll the child in private school then the Court would not necessarily force parent B to spend extra money on their child’s education. Parent A would have to prove that their child has some type of disability or mental health condition that requires additional resources that the public schools are unable to handle. Otherwise a Court will likewise rule that private school is a luxury and not a requirement for which parent B can be forced to fund.

Other issues that come up might include what type of classes a child should take and how much time on homework a child should be spending. The Court is unlikely to rule on these issues and will generally refer back to the time sharing agreement. When in doubt a Judge will rule that when a child is with a certain parent then that parent will be allowed to set whatever studying ‘rules’ that parent wishes to set. But one parent cannot dictate to the other parent how the child should spend their time when they are in their custody.

When it comes to educational disagreements the Courts will generally refer most questions back to the child’s school. If necessary parent/teacher conferences, meetings with guidance counselors, and IEP meetings may be held. The Family Court Judge may rule on issues of custody and child support; if an education question does not fall into that purview, then the Court is unlikely to hear the case.

If you and your ex have a disagreement regarding your child’s needs, consult with a Las Vegas family law attorney to determine the best course of action.

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