How California Courts Handle IEPs and Custody Agreements
When parents of a child with special education needs go through a divorce, the stakes of every custody decision grow significantly. Questions arise about educational decision-making custody, the development and approval of an Individualized Education Program (IEP), and what happens when parents disagree over school placements.
As a parent, understanding your rights and your child’s rights is the first step toward achieving a plan that prioritizes the child’s well-being and educational success.
What Is an IEP and Why Does It Matter in Custody?
An Individualized Education Program (IEP) is a legally binding document developed under the Individuals with Disabilities Education Act (IDEA). It outlines the special education services and supports a child with a disability will receive in school.
The IEP process involves collaboration between school staff and parents. However, when parents are separated or divorced, determining who has the legal authority to make decisions about the IEP becomes critical. This is where IEP child custody in California plays a key role.
Legal Custody and Educational Decision-Making in California
California distinguishes between physical custody (where the child lives) and legal custody (who makes decisions about the child’s health, education, and welfare).
In most cases, legal custody is joint, meaning both parents must work together to make major decisions, including those related to the child’s education.
When parents share legal custody, both have a right to participate in IEP meetings, contribute to the plan, and approve or reject changes. But when disagreements arise, especially in high-conflict divorces, courts may need to step in.
If one parent is awarded sole legal custody, that parent gains the exclusive right to make decisions about the child’s education, including approving IEPs and selecting schools. Courts typically reserve sole legal custody for cases where co-parenting has proven impossible or harmful to the child.
Common Disputes: School Placement and Services
One of the most contentious issues in these cases is school placement disputes after divorce. Parents may disagree over:
- Which school district better serves the child’s needs
- Whether a specialized private school is necessary
- Whether a new district is equipped to follow the IEP
- How behavioral or therapeutic services are delivered
When a dispute occurs and cannot be resolved between the parents, courts may make a determination based on what is in the best interest of the child, often considering input from educators, special education experts, and even the child’s own preferences (if age-appropriate).
At Mattis Law, A.P.C., we help parents build persuasive cases to ensure the court understands the child’s unique educational and emotional needs.
IEP Co-Parenting Tips: Making Joint Decisions Work
If you share legal custody and want to avoid returning to court, strong co-parenting is key. Here are some IEP co-parenting tips to help maintain peace and prioritize your child:
- Create a shared calendar of IEP meetings and deadlines.
- Exchange records and updates through a secure parenting app.
- Bring in a neutral advocate or San Diego special education attorney if discussions stall.
- Clarify roles in your custody agreement, such as who will attend meetings, who will be the primary point of contact with the school, etc.
- Put your child first. Focus every discussion on what supports their success.
How Courts Evaluate Educational Disputes Between Parents
If you bring an educational dispute to the court, you’ll need to demonstrate that a change in custody or decision-making authority is warranted. California courts will consider:
- The child’s individual needs as outlined in the IEP
- Each parent’s track record of involvement and support
- The reasonableness of each parent’s position
- Whether a parent has ignored or obstructed the IEP process
- Expert input from educators, therapists, or advocates
In serious cases, the court may modify the custody agreement to award sole educational decision-making custody to the more cooperative or better-informed parent.
Including IEP Responsibilities in Custody Agreements
To prevent conflict, many parents choose to include specific language in their custody agreements about how IEPs will be handled. A well-crafted agreement might include:
- A requirement for both parents to attend all IEP meetings
- A provision for resolving disputes through mediation or a special master
- A designated “educational decision-maker” (if joint decisions are impractical)
- A breakdown of who communicates with the school and when
- How the IEP records are shared and updated
When to Seek Legal Support
You should consult a family law attorney if:
- Your co-parent is withholding information or excluding you from IEP meetings
- There’s a fundamental disagreement about school placement or services
- You want to modify your custody order to reflect your child’s evolving needs
- The school is receiving conflicting instructions from both parents
- You need to ensure your custody order aligns with special education laws
Every child with an IEP deserves stability and consistency. Legal guidance can ensure their rights—and yours—are protected.
Why Parents Trust Mattis Law, A.P.C.
Amelia J. Mattis has been widely recognized for her work in complex child custody matters, including those involving special needs and IEP issues. With a compassionate and client-focused approach, she has been named one of the Top 10 Family Law Attorneys in California, a Super Lawyers Rising Star, and a TOP 40 UNDER 40 honoree.
Clients of Mattis Law, A.P.C., benefit from:
- Extensive knowledge of both California custody laws and special education procedures
- Custom custody plans that reflect each child’s unique needs
- Tenacious representation in court when educational rights are at risk
- A supportive law firm committed to empathy, clarity, and results
Speak with a San Diego Family Law Attorney Today
When you’re trying to support a child with an IEP while managing a custody arrangement, the decisions you make today can shape your child’s future. Let Mattis Law, A.P.C., help you create a plan that protects your child’s education and your parental rights.
Our divorce and family law firm offers a free consultation, and we serve clients throughout San Diego and Southern California. Call us at (858) 328-4400 to learn more today.