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School Choice in a Divorce: Part 2

In our last blog post, we discussed some of the considerations that may influence the determination of school choice in a divorce. In this follow-up post, we continue discussing some of the other factors that may influence the Court when it is asked to make a ruling on school choice.

Educational Method

There are myriad educational institutions and there are varied educational methods. When called to evaluate competing school options, a Court is likely to inquire about the teaching method, whether the parties have a preference for one form over another, and what will be in the child’s best interests. Is it public or private? Religious or secular? Is it a charter school? Is the school a Montessori institution? Experiential? Some other form of education? If it comes down to a matter of teaching method, it will be important to highlight your school’s merits, and how that style of education will best promote your child’s development.

Continuity of Education

Another question that is likely to be asked, is, “How long will the child attend this school?” Some schools offer education to only limited age groups. Others provide education from elementary through high school. Stability at one school is important.  This allows a child to grow accustomed to a certain environment and learning style, provides predictability, and helps establish roots. That’s not to say that continuity will be the most important factor for a Court, but it is frequently considered.

Programs, Extracurriculars, and Other Areas

In addition to the aforementioned factors, there are a great many others that may influence a judge’s decision. Regarding before and aftercare, the Court may wish to know whether there is an educational component included. If education is a primary concern of the parents, the Court may favor a school that provides education during its care programs.

On a similar note, the Court may inquire about extracurricular offerings. It may be seen as preferable for a child to attend a school that offers music, sports, theater, debate teams, chess clubs, or any number of extracurricular activities. These extracurricular activities may provide depth and can create a more well-rounded education. Finally, a Court may want to inquire about the ability of the child to form relationships at the school. If the school is too distant from either parent’s neighborhood, the Court may have concerns with your child’s ability to establish lasting social connections.

What is Best for Your Children?

Parents want the best for their children, and sometimes, their opinions differ on what is “best”. If you find yourself in a situation where you are fighting over selecting a proper school for your child, reach out to an attorney. They can help you strategize and optimize your proposal so that you may make a compelling case for your proposed school. At Modern Family Law, we focus on family law.  We can help you with your needs. We pride our firm’s commitment to providing free consultations with our capable team of attorneys. So pick up the phone and give us a call today to speak with one of our attorneys.

Posted January 09, 2017
by: MFL Team


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