Back to School and Child Custody: Is Your Parenting Plan Ready?
As Maryland families prepare for the start of a new school year, back-to-school season can bring more than new schedules, activities, and homework. For separated and divorced parents, it can also highlight problems with an existing child custody or parenting-time arrangement.
Changes in school schedules, transportation needs, extracurricular activities, before and after school care, and a child's changing needs can create disagreements between parents. Taking the time to review your existing custody order before the school year gets underway can help identify potential issues before they become larger disputes.
Review Your Existing Custody Order
Parents should begin by reviewing the specific language of their custody order or parenting agreement. A Maryland custody order may address physical custody, parenting time, legal custody, decision-making authority, transportation, holidays, vacations, and other matters involving the child.
Parents should not assume that an arrangement that worked during the summer will necessarily translate smoothly into the school year.
Questions may arise regarding:
Who is responsible for school drop-off and pick-up?
How will transportation work for extracurricular activities?
Who will attend parent-teacher conferences and school events?
How will parents communicate about homework, grades, and school concerns?
Who has authority to make educational decisions?
How will unexpected school closures or early dismissals be handled?
How will sports and extracurricular activities affect parenting time?
Addressing these issues early can reduce confusion for both parents and children.
Who Makes Educational Decisions?
Legal custody and physical custody are different concepts under Maryland law.
Physical custody generally concerns where a child spends his or her time. Legal custody concerns a parent's authority to make important decisions affecting the child, which may include decisions regarding education, medical care, religion, and other significant matters.
Depending on the custody order, parents may share decision-making authority, one parent may have sole legal custody, or the order may provide one parent with tie-breaking authority over certain decisions.
Before making a significant educational decision, particularly one involving a change of schools, it is important to understand exactly what the existing custody order provides.
When the Existing Parenting Plan Is No Longer Working
Children and families change over time. A custody arrangement entered several years ago may become difficult to follow as children get older, begin attending different schools, participate in additional activities, or develop different educational or transportation needs.
A parent's circumstances can change as well. Employment schedules, residences, commuting requirements, and other significant circumstances may affect whether an existing parenting arrangement remains practical.
When parents cannot agree on changes, one or both parents may consider whether modification of an existing custody order is appropriate. Maryland courts generally require a party seeking modification to establish a material change in circumstances before the court considers whether a modification would be in the child's best interests.
Whether a particular change is sufficient to justify modification depends on the specific facts and circumstances of the case.
Avoid Making Unilateral Changes
When disagreements arise, parents should be cautious about making significant unilateral decisions that may conflict with the terms of an existing custody order.
Before changing a child's school, substantially altering a parenting schedule, or making another significant decision, review the custody order carefully and determine which parent has the authority to make that decision.
When the language of an order is unclear or the parents cannot reach an agreement, obtaining legal advice before taking action may help prevent a disagreement from developing into additional litigation.
Planning Ahead Can Make the School Year Easier
The beginning of a new school year is a natural time for parents to evaluate whether their existing custody and parenting arrangements continue to meet their children's needs.
Clear expectations regarding schedules, transportation, school activities, communication, and decision-making can help parents reduce conflict and provide children with greater consistency throughout the school year.
The Law Office of Neveen Kurtom, LLC represents clients throughout Maryland in matters involving divorce, child custody, custody modification, child support, and other family law matters.
To discuss a Maryland family law matter, contact the Law Office of Neveen Kurtom, LLC at (301) 356-4423.
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.