Legal Question in Family Law in Illinois

In Illinois, we have been told that the school district that the child of two divorcees will attend is determined by where the primary care giver lives. Believe that�s Illinois law. We live on the Iowa/Illinois border, and might possibly live in Iowa. Does the law still hold true in this case? The divorce was in Illinois, both parents currently live in Illinois, however the primary care giver might move to Iowa (distance is only a few miles difference). Would this still be the law? Thanks.


Asked on 2/25/10, 2:41 pm

1 Answer from Attorneys

There are not enough facts here to make any determinations -- the best we can do is help point you in the right directions.

Basic Illinois law is that residency determines whether the child attends the particular District's schools. Districts do have some latitude in defining for themselves who is or is not a resident for school purposes (a rural district may have different rules than an urban district, for example, because of the long distances involved, especially "borderline" cases).

You need first to find out what your local school district is -- what are its boundaries. Then you need to find out what its rules are. You may also want to find out what the Iowa district rules are too; you never know -- the Iowa school situation may be better for the child and if the caregiver is paying Iowa taxes the child may be entitled to attend there depending on their rules. Illinois school districts are entitled to charge tuition for admitting out-of-district students by the way.

A number of other factors may be important: is there joint custody? Are both parents liable for child support or is only one? Is the child's housing and needs a matter of convenience to allow the parents to work? And of course where in fact is the care giver -- Illinois or Iowa. You need to talk these things through with your local school district first to get their take on it. Since you don't give your specific locale, there's no way to tell if there's a school law attorney nearby who might be able to help you, but it is something to be considered.

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Answered on 3/03/10, 9:30 am


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