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Can I Change My Child’s School if We Are Divorced? 

 Posted on August 22, 2025 in Child Custody

Naperville, IL child custody lawyerWhen parents in Illinois divorce, one of the most common questions that comes up is whether one parent can change a child’s school. Moving a child to a different district or school may seem like a simple parenting choice, but in Illinois it is treated as a major decision that affects both parents’ rights and the child’s well-being. 

The short answer is that you cannot unilaterally change your child’s school after divorce if you share decision-making responsibility with your former spouse. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5), education is considered a significant decision. That means both parents who share parental responsibilities must agree, or the court must decide if the parents cannot.

If you are hoping to switch your child’s school, but you are worried your co-parent will not agree, meet with our Naperville, IL child custody attorneys. We may be able to help you find a solution. 

What Does Illinois Law Say About School Choice?

Illinois law divides parental responsibilities into significant areas such as education, healthcare, and religion. When parents divorce, their parenting plan specifies whether one parent has sole authority in each area or if they share decision-making.

If education is shared, neither parent can change schools without the other’s agreement. If parents cannot agree, they may return to court for a ruling. The judge will look at factors including:

  • The child’s academic performance and needs

  • The distance between each parent’s home and the proposed school

  • The child’s community ties, including friendships and extracurricular activities

  • How a change may affect parenting time schedules

Why School Changes Can Be Difficult for Divorced Parents 

Switching schools can be disruptive for children, especially if they are doing very well where they currently are. Parents may disagree about whether a move is necessary, whether the new school is better, or how the change will affect custody arrangements. For example, a parent moving to a new neighborhood may prefer a closer school, while the other parent may argue that the child should remain in the existing district to preserve stability. These disputes are not just about logistics. They go to the heart of parenting, identity, and long-term opportunity for the child, which is why courts take them so seriously.

Mediation and Peaceful Solutions for Changing Your Child’s School After Divorce

Not every disagreement needs to end in a courtroom. In DuPage County, judges usually encourage mediation before resorting to litigation. Mediation allows parents to sit down with a neutral third party and explore creative solutions. For instance, parents may agree to keep the child in the current school for the remainder of the year, then reevaluate later, or they may develop a transportation plan that eases the burden of a new school district.

If mediation fails, the court will make the final decision based on the child’s best interests. A judge may hear testimony from educators, review academic records, and consider input from both parents before issuing a ruling. Because of the stakes, it is important to have legal guidance when presenting your case.

Contact a DuPage County, IL Child Custody Attorney

If you are considering changing your child’s school after divorce, you should first understand your legal rights and responsibilities. Contact a Naperville, IL child custody lawyer at Pesce Law Group, P.C. today by calling 630-352-2240 for a free consultation. Our attorney has nearly 20 years of experience helping families resolve disputes peacefully through mediation whenever possible, while still protecting parents’ rights in court when needed.

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