Protecting Your Child’s IEP/504 Plan During a Kentucky Divorce

IEP 504

If your child has an IEP or 504 Plan and you’re going through a divorce in Kentucky, you’re likely juggling more than just legal paperwork. You’re also trying to protect your child’s educational support. Divorce can disrupt routines, communication, and decision-making, especially when parents disagree on what’s best. Understanding how IEPs and 504 Plans work and how to protect them during a custody dispute is essential for parents of children with disabilities.

Practice Areas Schedule a Consultation

What Are IEPs and 504 Plans?

An Individualized Education Program (IEP) is a legal document created under the Individuals with Disabilities Education Act (IDEA). It provides specialized instruction and services for students with disabilities who meet specific eligibility criteria.

A 504 Plan, under Section 504 of the Rehabilitation Act of 1973, is designed for students with disabilities who don’t need special education but still require accommodations to access learning. These might include things like extra time on tests or modified seating.

Both plans are critical tools for ensuring your child receives a fair and supportive education. But divorce can create complications, especially when one parent feels shut out of the process or disagrees with how services are delivered.

How Divorce Can Disrupt IEP and 504 Plan Support

In Kentucky, both legal custody and parenting time affect who has the authority to make decisions about your child’s education. If you and your ex share joint legal custody, you both have a say. This can create conflict when decisions need to be made quickly, like whether to approve an evaluation, challenge a school decision, or update services.

Common issues that come up during or after divorce include:

  • One parent being excluded from IEP meetings
  • Disagreements over whether the child still qualifies for services
  • Confusion about who can sign off on educational decisions
  • Missed deadlines for reevaluations or plan updates
  • Conflicting schedules that make consistent school support difficult

What You Can Do to Protect Your Child’s Rights

Divorce can complicate how educational decisions are made, but there are steps you can take to safeguard your child’s support plan:

Clarify Legal Custody in Your Divorce Decree

Make sure your parenting agreement clearly defines who can make educational decisions. If joint custody is awarded, include provisions requiring both parents to be informed of and included in IEP meetings and school communications.

Include Education Clauses in Your Parenting Plan

Ask your attorney to include specific language in your divorce paperwork about how educational decisions will be made. This can prevent future arguments or confusion.

Stay Engaged With the School

Let the school know you want to be involved, even if your child lives with the other parent most of the time. Provide up-to-date contact information, ask for copies of records, and attend all IEP or 504 meetings.

Put the Child First in Co-Parent Communication


Even if you and your ex disagree about other things, try to approach IEP decisions with a shared goal: helping your child succeed. Document important conversations and consult with your attorney if conflict escalates.

Consider Mediation

If disagreements persist, mediation can help resolve educational issues without going to court. In some cases, a family law attorney can request the court to appoint a parenting coordinator.

When To Call a Family Law Attorney

father is drawing with his son

If your child’s IEP or 504 Plan is being affected by custody disputes or a lack of cooperation from the other parent, it may be time to seek legal help. An attorney can:

  • Help modify custody or parenting plans
  • Enforce compliance with educational provisions
  • Coordinate with education advocates or school officials
  • Represent your child’s best interests in court

Contact Hoffman Walker & Knauf Today

Your child’s education shouldn’t suffer because of a divorce. At Hoffman Walker & Knauf, we help Kentucky parents protect their children’s rights, both at home and in the classroom. If you’re facing divorce and your child has an IEP or 504 Plan, contact us today to schedule a consultation.