Family Matters

When School Choice is in Dispute: Tips for Presenting Your Case to the Court

Where a child is enrolled in school is considered an issue that falls under the umbrella of “legal custody.” In Pennsylvania, legal custody is defined as “The right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.” Generally, parents share legal custody, meaning that they must agree on decisions related to legal custody or seek court intervention if there is a dispute.

Disputes over where a child may attend school can arise as early as Pre-K. Parents may disagree on whether their child should attend public or private school. As their child or children get older, parents may see that their child could benefit from smaller class sizes. If a child has educational special needs, such as an IEP or 504 plan, this may also weigh heavily in a parent’s school preference. Many parents changed their philosophy on schooling when the COVID-19 pandemic introduced a surge of remote instruction. While some parents appreciate the flexibility of virtual learning and asynchronous days, others prefer in-person instruction. Some believe home schooling is best until a certain age. 

In any custody decision, it is important to remember that the Judge assigned to your case has never met your child, and may not meet your child. To the extent possible, the Courts encourage parents to settle disputes, as they know their child or children better than anyone.

If you find yourself disagreeing with your co-parent about where your child should attend school, it is important to consider the following when presenting your case to your attorney or Judge:

1. Why do you want to send your child to this particular school? This may seem like an obvious question, but sitting down and writing down your reasons is a good starting point.
2. What does this school offer for YOUR child? It is important to highlight the benefits specific to your child. You would not want to emphasize a strong mathematics program if your child struggles in that area but exceeds in language arts.
3. Be prepared to address class size, location, and curriculum.
4. Is there a cost to the school? If you are the parent seeking private school, are you expecting the other parent to pay? Can they afford it? Private school tuition is not affordable for every family. It is important to have a realistic payment plan if you are seeking to send your child to a school with high tuition costs.
5. Is your child doing well in their current school environment? If the school you are proposing will result in an earlier transition for your child than before they would go to middle school or high school, you should be prepared to address why the change is necessary. The Courts generally favor consistency in a child’s educational environment.
6. Is your proposed school religious? This is an important consideration as religious training also falls under the umbrella of legal custody. If the proposed school conflicts with the religion the child is raised in (if applicable), then you should be prepared to discuss how that may or may not impact the child’s current religious instruction.
7. Does the Child have a preference? In any custody case, the Court may consider “The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.” Your child’s age is important in school choice; the Court may give more weight to a 14-year-old entering high school than to an 8-year-old changing elementary schools.

Do you want to discuss the merits of your school choice case? The Obermayer Family Law team is available to go through these considerations with you and help you make an informed decision about how to proceed.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.