It’s back to school time! But where will a child attend school if the parties in a custody dispute disagree as to a child’s enrollment in a particular district or school?
In the event parties in a custody dispute share physical and legal custody of their children, but reside in different school districts, the children could attend either parent’s school district. If the parties cannot reach an agreement as the school issue, then the Court must intervene.
Choosing a child’s school, or choosing the parent who will have sole-decision making authority as it relates to choosing the child’s school, can be one of the most difficult decisions for a Court to make in a custody action.
The Court may consider the 16 custody factors set forth in the Pennsylvania custody statute, but will also consider more specific criteria like class size, the preferences of the child, any special needs of the child and whether those needs are being met or can be met by a particular school, continuity of the child’s education, the location of the school, educational rankings, the availability of transportation from the parties’ homes to the schools, and even the availability of extracurricular activities.
If you have any questions about the topic discussed in this article, or any family law matter, please give us a call at Bononi & Company (724) 832-2499.