A parent does not automatically have the right to change a child’s school just because their address is used for enrollment. The answer depends on who has authority to make educational decisions and what the parenting plan and court orders require.
A move or concerns about a child’s current school may lead a parent to consider a transfer. Before deciding, it is important to understand whether you need the other parent’s agreement or a change to the court order.
Who Decides Where a Child Goes to School?
Illinois law treats choosing a school as a significant educational decision. Parents may share that responsibility, or one parent may have sole authority. The allocation judgment entered by the Court should explain how those decisions are made.
A parent’s address may be used for school enrollment while both parents still share responsibility for educational decisions. Under Section 606.10 of the Illinois Marriage and Dissolution of Marriage Act, the school-purpose designation alone does not give that parent the final say on a transfer or change either parent’s rights under the parenting plan.
What Does Being Designated for School Purposes Mean?
The designation helps meet legal requirements that still use the terms “custody” or “custodian,” including requirements related to school residency.
Section 606.10 of the Illinois Marriage and Dissolution of Marriage Act directs a parenting plan to designate the parent allocated the majority of parenting time. It also states that the designation does not change either parent’s rights or responsibilities under the plan.
This is sometimes called a “ministerial” designation, meaning it serves as an administrative purpose. For parents who share educational decisions, a school-purpose designation does not, by itself, give one parent the final say on a transfer.
What Did the Court Decide in In re Marriage of Brown?
In In re Marriage of Brown, 2026 IL App (1st) 242009, decided August 4, 2026, the parents had equal parenting time and shared educational decision-making. Their original agreement left the school-address designation to be decided later.
They eventually chose a Chicago school and used the father’s address for enrollment for several years. The mother later asked the court to designate her as the parent whose address would be used for school purposes so the child could attend school in Wilmette.
The appellate court found that the parents had already agreed to the designation through their actions, even though they had not put it in a separate written document. The mother’s request would change that established arrangement.
The court upheld the denial of her petition and explained that she needed to request a modification of the allocation judgment under Section 610.5.
When Would a Parent Need to Ask the Court for Modification?
A modification may be needed when a proposed school change would alter the terms of an existing parenting plan or allocation judgment.
Under Section 610.5, a parent generally must show that circumstances involving the child or either parent have changed substantially and that changing the order is necessary to serve the child’s best interests. The law includes exceptions, including certain changes parents agree to make.
The law also limits requests to change educational decision-making responsibilities during the first two years after an order is entered, subject to statutory exceptions. Both the type of change requested and the timing matter.
The Brown decision did not mean a school change could never be approved. It meant the mother had to request that change through the modification process.
Does This Apply if the Parents Were Never Married?
Yes. These questions can arise between parents who were never married, too. Illinois’ Parentage Act applies the relevant parental-responsibility standards from the Illinois Marriage and Dissolution of Marriage Act. Section 808 also applies the relevant standards to modifications of existing orders.
The next steps depend on whether parentage has been established and whether a parenting order is already in place. Asking the court to establish parental responsibilities for the first time is different from asking it to change an existing order.
What Should Parents Review Before Requesting a School Change?
Before speaking with an attorney, gather:
- Your parenting plan and court orders. Include any later orders that changed the original agreement.
- Enrollment records and school-related communications. These can show which address you’ve used and what the parents previously agreed to.
- Your reasons for considering a transfer. Include concerns about your child’s learning needs, school services, or current experience.
- Information about your child’s routine. Consider transportation, time with each parent, friendships and activities.
- School deadlines. Note registration dates and when the proposed transfer would take place.
Have Questions About Your Child’s School Arrangement?
School disagreements can be difficult when both parents believe they are making the right choice for their child. Working with an attorney can help you understand what your current orders allow and how to address a proposed change.
Sterk Family Law Group works with parents on educational disagreements, parenting plans and requests to modify parental responsibilities. We can help you understand the legal requirements while considering how a proposed change may affect your child and family.
Contact Sterk Family Law to schedule a free consultation.