One of the many decisions that parents who are parenting apart need to consider is which school to enroll their child in when the parents live in different school districts. This means that the parents need to consider is “who is the residential parent for school placement purposes?” If the parents are entering into a Shared Parenting Plan the Court will name one of them the “Residential Parent for School Placement Purposes.” If the parents have thought ahead and can agree on which district to have a child in then they can stipulate as to which parent will be named the “School Placement Parent” by the Court.
Parents who live in different school districts are able to decide which school district their children are able to attend. Parties can be guided by factors such as quality of the school district and how many National Merit Scholars graduate or by how close the school is to their home and whether the child has the option to walk home from school.
A school that may not have a high rating from the Ohio Department of Education may have a really outstanding program for students with Individualized Educational Plans (IEP’s). Conversely, a school that’s generally characterized as outstanding and is in a really safe area may have terrible problems with bullying and have low racial diversity.
Generally, when parents are selecting between different schools, it is really important to focus on the child as an individual and selecting an environment where that child will thrive. Selecting a school based on the best interest of the child is really the preferred way to make a decision. For example, a child who is really motivated by sports may be more likely to thrive at a school that offers more opportunities to participate in intramural sports of various types. Sports are the reward for good academic performance. This approach won’t work at all with a student who is really excelling in a particular academic area where there are teachers who are experts in the field and are able to offer extra incentives to those students.
But what about when parents live much further apart? Should the choice of school be the tie breaker between parents are disputing custody?
The choice of school can really be a secondary consideration when a child has other needs. A child who needs an emotional support dog may really need to be with a parent who will foster that for them rather than being placed with a parent in a superior school system. Proximity to siblings and other family members can be important considerations that do more to foster a child’s overall wellbeing rather than school choice.
None of this means however, that a court will act quickly in changing a child’s school district or custody. The very nature of the court system is that it’s designed to act slowly and carefully. Many months typically pass by before a complaint or motion is heard before the court. A guardian may be appointed, which adds time to the process. A parent must be prepared to wait while a child may be in a school situation that really needs to change. When parents are fortunate enough to have a choice between school districts, it still takes months to change enrollment because most schools ask to see a court order that places a child in a particular school district. A school district will not want to shoulder the cost burden of educating a child without a clear indication that the child is supposed to be there. Schools though are not allowed to interfere with the educational placement of a child when the court is re-evaluating where the child should be educated. When picking a residence, parents really need to focus on the educational benefits that the district will bring.
If you have questions regarding your situation, or wish to further discuss it, please feel free to set up a consultation with Melissa Waterfield at the Law Offices of William L. Geary Co., LPA. Suite 101, Waterford Tower, 155 West Main Street, Columbus OH 43215/ 614-228-1968.
Melissa Waterfield is an attorney with the Law Offices of William L. Geary, Co., L.P.A. and before working with our office worked, for over twenty years as an attorney with the Franklin County, Child Support Enforcement Agency.