Most Phoenix-area kids head back to school this week, but to which school? The one by dad’s house or the one by mom’s house? Determining which school children will attend following divorce or separation is a common issue without an easy solution.
Ours is a highly mobile society, and relocations within a metropolitan area are even more commonplace than out-of-state relocations. When parents move away from the schools their children have been attending, a school change is often needed either due to school district guidelines (e.g., when the district does not allow open enrollment or a boundary exception) or simply due to the impracticality of transporting the children to their former school.
Although it is best for the parents to confer and agree on where their children will go to school, school choice is an issue that sometimes devolves into a heated fight between the parents. Family court judges are inundated with motions during the summer months by parents seeking judicial determinations as to where their children will attend school the following school year.
As with any child-related decision a judge is called upon to make, the judge’s foremost concern will be the children’s best interests. If one parent continues to reside within the school boundaries from which the other parent has moved away, the stability gained by keeping the child in the same school he attended last year will be strong evidence against changing schools. A judge will also consider evidence of the two competing schools’ performance on standardized tests, such as AIMS. In certain cases, the judge may even consider the child’s wishes. After hearing and evaluating all relevant evidence, the judge will order that the child attend the school the judge believes best serves the child’s best interests.
Parents are advised to address school choice issues well in advance of the school year — probably at least six months in advance. Many school choice disputes can be resolved with the assistance of a good mediator, without the need to go to court. When a judicial determination is required, however, it may depending on circumstances take anywhere from a few days to several months to obtain a hearing and the judge’s decision. Parents shouldn’t count on getting a decision before school starts if they wait until only a few days or weeks before the start of the school year to raise the issue with the judge.
Copyright © 2011 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.
