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School-Zone (and equal co-parenting time)

With school starting throughout the Eastern district of Tennessee it should come as no surprise that determining what school a child or children should attend is no easy task for domestic attorneys around our state.

Historically, this decision was determined by the parent whom exercised substantially more co-parenting days than the other. In lay terms the parent who exercised more than 50% of the time with the child was designated primary residential parent and if a dispute arose could use that status to determine what school the child attends. When parents were exercising equal time, the determination in most situations came down to the primary residential parent designation and the parent that received child support.

New Law Alert!! As of July 1, 2019 the legislature has updated our Code to include that when the child is schedule to reside in equal amounts of time with both parents, the parents may agree to a designation as joint primary residential parents or waive the designation status all together. However, absent an agreement a single primary residential parent must be designated.

Now, depending on the county this may seem like a great way to resolve potential blow ups over who will receive the “designation”, right? Wrong! For our clients that reside in Knox County or Blount county that designation plays a huge role in where the child will attend school. When given the status to both parents where does that leave families?

It is our goal to assist you with navigating those theses type of nuisances when dealing with custody disputes. The new law has opened the door to a flash flood of litigation between parents exercising equal co-parenting and school determination.

Don’t get left out of “zone” come in and speak with one of our attorneys to help you find the right placement for your family.