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After you are divorced in most cases you do not have to really have much involvement with the legal system again regarding post-divorce issues.  If you have children however, there is a chance that you may have to return to court to handle issues regarding child support, custody or other issues involving the minor children.  This blog is written to generally address the necessary steps to change the school a child is attending if the other parent does not agree to the change of schools after a divorce in the State of Michigan.  If you have concerns regarding a potential divorce or post-divorce issue, you should schedule a consultation for a divorce.  If you would like to schedule one with our office, please click on this link or call (248) 608-4123.

How Do I Change The School My Child Attends If I Am Divorced In Michigan?

The first step is to seek concurrence from the other parent.  If the other parent agrees, there is no problem and no need to get the court involved.  If you cannot get an agreement, then you will have to go through the following process and it is highly recommended that you retain a well-versed family law attorney to help you.

First, you will have to file a motion with the court explaining why the change of school is required.  Then the court will hold a hearing on the motion to determine whether you have stated compelling enough evidence and argument for the court to schedule an evidentiary hearing.  An evidentiary hearing is like a trial without a jury addressing just the issue of the change of school.  Each side is allowed to testify, have other people testify and present other evidence.  If the judge agrees that it is compelling enough to change in school, then the judge will issue an Order for the child to change schools and when, if not, the judge will deny the motion.  The person seeking the change of school will have the burden of proof to show that the change is required as judges tend to favor stability and keeping the child in the same school absent compelling reasons to change the school.

If the change of school will also have an impact on parenting time, then the parent or guardian seeking the change has an additional burden of showing that the proposed new parenting time arrangement will be a sufficient substitute for the current parenting time schedule.  This most often happens where the parents are exercising equal parenting-time or at least some overnight parenting-time during the school week and the new school will be far enough away that it makes the weekday overnight parenting-time with the other parent highly impractical or impossible due to the drive time to and from the new school.

This is a very complicated area of the law and the use of expert testimony may be required to help prove that the new school will be a "better fit" for the child than the current one based upon scholastic programs or help, the peer environment, sports or music programs and other activities depending on the child's skills and needs.  If you have any questions concerning divorce, post-divorce, parenting time or custody issues, click on this link or call (248) 608-4123 to schedule an appointment.