Joint Custody and School Districts – Where Will Your Child Go to School?

School age children are required to attend an educational institution. A child’s residential district generally dictates where the child will go to school; however, if you and your partner have recently divorced and now have joint custody, you may not be sure which school district your child belongs to.

If one parent has the child most of the time, the child will likely attend school in the district of that parent. However, if both parents have equal 50/50 custody of the child, it can be difficult to decide where the child should go.

Some factors parents should consider if they share equal custody:

• which school has the better reputation;
• the distance of the schools from each residence;
• the caliber of sports teams each school offers;
• the caliber of extracurricular activities each school offers; and/or
• the level of peer interactivity they’ll get at each school.

If you are unable to reach a decision on where you child should go to school, you may need to seek help from a court of law. You will need help from an experienced child custody lawyer to why you should be the one to decide where your child goes to school.

Court Decision

When a court makes a decision regarding school placement, it doesn’t decide where the child will go to school. Rather, it decides which parent will have legal custody of the child on this matter. Simply put, the court gives one parent total control over where the child will go to school.

A court takes the following factors into account when deciding who will get legal custody:

• if the parent demonstrates knowledge of the school system (with evidence of research of both school options);
• if the parent demonstrates involvement of the other parent in the process to investigate which school would be the best option;
• the logistics of any transportation challenges either parent may face; and
• the ability to articulate reasons why the chosen school would be the best fit for the child.

Contact the Law Office of Russell S. Hershkowitz, LLC

If you and your former partner are struggling to decide where your child should go to school, our firm can help. We have extensive child custody experience and will do everything we can to help you gain legal custody over your child.