As parents prepare their children to return to school, courts
struggle to sort out back-to-school issues for separated and
divorced parents who cannot agree where their children will attend
school. These flashpoints are most likely to happen when children
are transitioning between elementary, middle, and high school; or
when parents live in different school zones.
Unless ordered otherwise, parents have joint and equal legal
custody of their children. This means that neither parent has a
greater say than the other in regard to education or, the health
and the well-being of their children. Courts are loathe to
interfere with such important rights so they try to resolve any
impasse by giving tie-breaking authority on distinct legal custody
disagreements. For example, courts can order that one parent has
tie-breaking authority over what school the children will attend,
after good faith discussions stall. This approach has its
draw-backs, of course, because the parent with
