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School Choice in a Divorce: Part 1

By its very nature, divorce can be hard. There are so many issues that can be implicated in a divorce–dividing property, spousal maintenance, child support–the list goes on. However, there can be some issues that you might not consider when thinking of divorce, especially when it comes to specific issues with children. Something that inevitably comes up in a divorce with kids is the issue school choice and where your children ought to attend school. There are many considerations when it comes to school choice, and we’ve provided a few below.

School Location

One factor that necessarily gets considered when debating over schools, is a proposed school’s location. How far away is it from the parties? Is it disproportionately closer to one party? Is the neighborhood safe? Does either of the parties reside in the appropriate school district?  

Will it Break the Bank?

Cost can be a factor in choosing a school. If either party advocates for a private school, they will have to demonstrate that the parties will be able to afford tuition. If you survey some of the more elite private schools in town, you will quickly find that the price tag can be quite intimidating. Perhaps the parent with a larger income can volunteer to make a greater contribution if the cost of attendance isn’t feasible for the other parent. Or maybe in certain circumstances, the parties can try to get financial aid and/or scholarships. Otherwise, maybe that private school just isn’t in the cards.

Quality of Education

When evaluating competing proposals for any school, the Court may inquire about the quality of education provided. If it comes down to a competition of merit, the Court may review any number of metrics, including the educational methods employed; student-to-teacher ratios; school test performance; web reviews; diversity; availability of before and aftercare programs; and the list goes on.

Navigating School Choice

Choosing an appropriate school (or schools) can be a contentious process. Both parents want their input to be considered, and neither wants to be negatively affected by school choice.  If you find yourself fighting over educational institutions, it may be time to consider getting help from an attorney. Modern Family Law is proud to provide consultations with our team of skilled attorneys, free of charge. We offer full legal services for all your divorce and family law needs. So what are you waiting for? Contact us today to speak with one of our family law attorneys.

Posted January 05, 2017
by: MFL Team

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