The choice of school for children in a divorce or child custody case can be quite a 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 started school yet, that can also have an impact.

Ultimately, custody is to be determined by what is in the best interests of the child, considering all relevant factors.  The laws in each state can vary in the factors the court considers in a particular case.  However, in the end, numerous factors can often influence the choice of school.

Factors That are Considered

If the children have already been enrolled and are attending a school, there may often be hesitation to change schools for them.  There may be cases where one party can allege that the school the children are attending is not meeting the children’s educational needs.  If this is not the case, it can be tough to successfully argue that the school for the children should be changed.

In some instances, a child may have significant educational challenges.  This can be particularly true when a child has a diagnosed learning condition that affects their ability to succeed in school.  In cases like this, an educational assessment by a professional can significantly impact the court’s decision.

Courts Appoint a Guardian Ad Litem

In many cases, the court may appoint a guardian ad Litem to represent the best interests of the children.  The guardian ad litem may wish to consult with teachers, counselors, medical professionals, and, of course, the parents to help make a decision.

In some instances, the court may consider the ranking of schools based on available data, such as graduation rates, standardized test scores, and other relevant factors, in its decision.

If you are involved in 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.