Who Gets to Decide Where a Child Goes to School After an Illinois Divorce?

 Posted on August 12, 2026 in Child Custody

After a divorce in Illinois, the parent responsible for education generally gets to decide where the child goes to school. If both parents share this role, they will need to make major school decisions together.

Choosing a school can become a serious disagreement after divorce. One parent may want the child to stay in the same district, while the other may prefer a private school or one closer to home. School choice can also affect transportation, parenting schedules, friendships, and the child's daily routine.

If you are dealing with a school dispute in 2026, a Wheaton, IL child custody attorney can help review your parenting plan and decide whether you want to ask for a post-divorce decree modification. 

Who Gets to Choose a Child's School After an Illinois Divorce?

When parents divorce or separate, Illinois courts divide what are known as "parental responsibilities." These responsibilities cover parenting time and the right to make major decisions for the child.

According to statute 750 ILCS 5/602.5, education is one of these major decisions, and the law specifically includes choosing schools and tutors.

A court can give responsibility for education to one parent or both parents. Your own parenting plan or court order should explain who makes educational decisions, so reviewing it is a good first step when you and the other parent disagree about school.

What Happens if Parents Share Educational Decisions in Illinois?

Parents who share responsibility for education are expected to make major school decisions together. One parent should not assume that they can change the child's school when the other parent objects.

Common disagreements may involve:

• Moving the child to another public school

• Enrolling the child in a private or religious school

• Changing schools after one parent moves

• Choosing educational programs or tutors

Parents may be able to solve these issues without going to court. Their parenting plan may also explain what they should do when they disagree.

If they still cannot reach an agreement, the court may need to get involved.

How Does a Judge Handle a Disagreement About School in Illinois?

When parents cannot agree about their child's education, an Illinois court looks at the child's best interests. In simple terms, the judge focuses on what will best support the child's needs and well-being.

Illinois law gives judges several factors to consider. A judge may look at how well the child is doing in their current school and community. The court can also consider how involved each parent has been in major decisions and how well the parents work together.

The child's wishes may matter, depending on their age and maturity. Practical issues can matter as well. These may include the distance between the parents' homes, transportation, and family schedules.

For example, a child may have spent several years at the same school and built strong ties with teachers and friends. If one parent wants the child to leave, the judge can consider how a school change could affect the child.

Does Parenting Time Affect Where a Child in Illinois Goes to School?

Illinois law treats parenting time and major decisions about education as separate issues. A parent does not automatically get to choose the child's school because the child spends more time at that parent's home.

The parenting schedule can still affect school choice. A school that is close to one parent's home may mean a long drive from the other parent's house. Transportation, after-school activities, and exchanges between parents can also create problems.

Parents should carefully review their parenting plan before changing a child's school, especially when they share responsibility for education. Making a major change before settling the dispute can turn a school issue into a larger child custody conflict.

Sometimes, a move or school change can also make an existing parenting plan harder to follow. A family law attorney can explain whether the circumstances may support asking the court to change the plan.

Contact a Wheaton, IL Child Custody Attorney for a Free Consultation

A disagreement over school can affect your child's routine and your relationship with the other parent. At Fawell & Fawell, attorney Alex Fawell brings 10 years of legal experience and a practical, results-oriented approach to family law cases. His background includes work as a federal judicial clerk and as a 711 law clerk for the DuPage County and Cook County Public Defender's offices.

Contact a DuPage County, IL child custody lawyer at Fawell & Fawell to discuss your parenting plan and school concerns. Free consultations are available. Call 630-871-2400 today to get started.