Family Matters

Who Decides Where the Children Will Go To Preschool?

Many working parents rely on sending their children to preschool for work-related daycare. When parents separate or divorce, the issue of where the children will attend preschool/daycare may arise. Parents who share joint legal custody are required to make major decisions together. This includes but is not limited to their children’s health, education, and well-being. However, preschool is considered a hybrid situation and not necessarily formal education, as it is not a requirement, and generally, it is used in families where both parents work.

In New Jersey, the parent designated as the Parent of Primary Residence usually has the right to select the children’s preschool, unless the parties specifically negotiate alternative terms in their agreement. The preschool selection must be reasonable based on cost, location, and educational programming.

However, it is important to emphasize that when legal custody is shared, the Parent of Primary Residence should timely advise the Parent of Alternate Residence of the intended daycare. This is to allow the other parent an opportunity to tour the daycare and obtain relevant information relating to it.

To the extent the Parent of Alternate Residence objects to the intended daycare, and the parties are not able to amicably agree on an alternative preschool for the children to attend, either party may file a motion with the Court. The Court will evaluate each party’s proposed preschool and rationale as to why it is in the children’s best interest. Ultimately, the Court’s decision will be based on the preschool that the Court determines to be the most reasonable and in the children’s best interests.

Navigating issues regarding children with a former spouse or significant other is not easy. To the extent you have young children and require work-related daycare, we recommend including preschool in the list of terms for resolving the outstanding issues in your matter. We strongly recommend consulting with one of our family law attorneys who can assist you in crafting well-reasoned arguments to persuade your children’s parent and/or the Court that your proposed preschool is best for the children.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.