The choice of school for children in a divorce or child custody case can be quite the contested issue. If the children are already attending school at the time the case begins, this can certainly have a bearing. If the children are young and haven’t begun school yet, that can have a bearing as well.
Ultimately, custody is to be determined by what’s in the best interests of the child when considering all relevant factors. The laws in each state can vary as to the factors the court looks at in a particular case. But in the end, lots of different factors can often come into play as to the choice of school.
If the children have already been enrolled and are attending a school, there can often be a hesitancy to change the school for the children. There might be some cases where one party is able to allege that the school the children are attending are not meeting the educational needs of the children. If this is not the case, it can be a tough to successfully argue that the school of the children should be changed.
In certain cases, a child may have significant educational challenges. This can be particularly true where a child has a diagnosed learning condition that can have a bearing on the ability of a child to succeed in school. In cases like this, an educational assessment by a professional can be significant in the court’s decision.
In many cases, the court may appoint a guardian ad iltem to represent the best interests of the children. The guardian ad litem may wish to talk to teachers, counselors, medical professionals and, of course, the parents to help make a determination.
In certain cases, the ranking of the schools based on data available like graduation rates, standardized test scores and other factors may be something they court might consider in making a determination.
If you are in the midst of a child custody matter where the school choice for the children is a significant issue, Stange Law Firm, PC can help. You can contact us at 1-855-805-0595.