The decision of where a child attends school can often become a contentious issue. If the parents live too far away from one another, the choice of school can also lead to one parent being the primary custodian during the school year, even if during the preschool years, or during the summer, custody is shared.
The courts use a “best interest” standard when making all custody decisions, including educational decisions. The primary question is “what is in the best interest of the child.” Courts also often emphasize the need for continuity and stability in a child’s education, meaning that once a child is enrolled in a school, parents must both either agree to a change of school, or will need to provide a compelling reason for the court to direct a change in school.
In custody cases the court must consider 16 custody factors required by statute. In a school choice case, the court may specifically consider:
-The child’s academic and social needs
-The child’s age and developmental state, special needs, and extracurricular activities
-The schools’ proximity to parents’ residences
-Educational quality and opportunities
-Child’s preference if well-reasoned based on the child’s age and maturity
For parents navigating custody disputes involving school choice, proactive communication and collaboration are paramount. Often an open dialogue between co-parents can help establish common ground and prioritize the child’s best interests above personal differences. If the parents are able to agree on where the child can go to school, no additional legal intervention or court order is needed.
If the parents are unable to agree, it is vital that you consult legal counsel as soon as possible. A request for the court to decide the child’s school should be filed at the beginning of the calendar year that the child will be enrolling in school. Generally, you should plan to file in February in order to have a decision prior to the beginning of school, but for some courts, you may want to file sooner. While some local courts have “school determination court” which will provide a decision for later filers, the process is severely abbreviated, and litigants may feel that they did not receive the necessary time to properly present their case.
A Walters & Galloway, we understand the complexities of family law and are committed to advocating for our clients’ rights and their children’s best interest. Contact us today to learn how we can assist you in navigating custody matters and ensuring a brighter future for your family.
