Child custody arrangements are designed with one overarching principle in mind: the best interests of the child. One of the biggest factors courts consider in those arrangements is stability, especially when it comes to a child’s education. With life, comes change—jobs, housing, and family needs. This reality can mean both parents eventually move out of the school district where their child has been enrolled. This problem is exacerbated when parents reside in separate houses and separate school districts moving forward. When that happens, many parents wonder: what now?
Why the School District Matters
Most custody agreements—whether negotiated by parents or ordered by a judge—specify important details about a child’s education. These may include which parent has the authority to make school-related decisions, or even a specific school district that the child will attend. If both parents move outside of that designated district, the agreement may need to be reviewed or even changed.
Generally, parents cannot simply decide to disregard the existing custody order. Such orders are legally binding, so if the custody order specifies a particular school or district—and neither parent resides there anymore—you may need to go back to “the drawing table.”
How the Courts Look at It
Courts have authority to make adjustments when there has been a “substantial change in circumstances” affecting the welfare of the child. A change in residence and school district may meet that standard, especially if both parents have moved far away from the school district – such as one parent moving out of state. From there, the court’s focus is always the same: what is in your child’s best interests?
Some of the things a judge may look at include:
- Continuity: Can your child stay at their old school with some extra transportation, or is that no longer practical?
- New options: What schools are available near each parent’s new home, and do they meet your child’s needs?
- Parental teamwork: Are you and your co-parent working together to make this easier for your child, or is this a point of conflict?
- Stability: How will the new living arrangements affect your child’s routines, activities, and overall sense of security?
What Parents Can Do
If you and your co-parent both move out of your child’s school district, here are some steps to take:
- Check your custody order. Does it specify a school or district? Does one parent have “final say” on education decisions?
- Talk it out. If you and your co-parent can agree on a new school plan, you’ll make the process much smoother—saving time, stress, and money.
- Work with an attorney to modify the custody order to match this new reality. File a motion to modify custody with the court, if needed. If your new plan does not match what the order says, a judge may need to sign off on a modification.
- Keep your focus on your child. Judges appreciate when parents focus on stability and school success instead of their personal disagreements or discord.
- Document the impact of the move. Be ready to show why a new arrangement serves your child’s best interests—whether it is shorter commutes, access to better programs, or a more stable routine.
Moving can be stressful. When it affects your child’s schooling, it can feel overwhelming. The good news is that courts generally want what you want: for your child to be in a safe, stable, and supportive environment. By working with your co-parent and, if needed, a family law attorney, you can make sure your child’s education and well-being stay the top priority.
If you or somebody you know wants to learn more about child custody and education decisions, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
My journey to be a family law attorney began before I was even born. As a child of surrogacy, legal minds were already sorting through the details of my existence before anyone knew I too would become an attorney helping families. I now have wonderful relationships with my parents, as well as my birth mother, and I am grateful to the attorneys who made it all happen. I have thoroughly enjoyed this meaningful work and continue to be inspired and motivated by relationships with clients, understanding their stories, and helping them to assert their rights. I am eager to continue this advocacy and am ready and willing to work with you on any of your family law needs.
