In Georgia, the decision about where and how your child goes to school belongs to whichever parent your custody order gives it to.
Education Is a Custody Decision
Education is one of the major decisions OCGA 19-9-6(5) places in legal custody. With joint legal custody, both parents share it unless the order gives one of them the final say, as our post on joint legal custody explains. With sole custody, it belongs to the custodial parent unless the order provides otherwise. OCGA 19-9-6(11).
When Nobody Has the Final Say
In Daniel v. Daniel, 250 Ga. App. 482 (2001), the parents had joint legal custody and no way to break a tie. The mother wanted to home-school their daughter and the father wanted public school. The trial court gave the father the decision, a ruling that stood only because the mother had agreed at trial to the standard it used. The Court of Appeals warned that changing an existing arrangement requires a change in conditions, and observed that “[w]here a child goes to school is a parental decision,” and that a joint legal custody award with no method for resolving such disputes “guarantees future litigation.”
When One Parent Has the Final Say
In Borgers v. Borgers, 347 Ga. App. 640 (2018), the mother had primary physical custody and final decision-making authority, and she home-schooled the youngest child. In a contempt case brought by the father, the trial court ordered her to enroll the child in school. The Court of Appeals reversed, holding that “[t]he educational issue in this case … is a custody issue.” Taking the decision away from the parent who held it changed custody, which a judge cannot do in a contempt proceeding.
Even though the divorce decree itself had expressed concern about home-schooling, the choice stayed with the mother unless a court changed custody in a separate action.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!