School Daze – When Divorced Parents Cannot Agree on Schools for their Children

Navigating the tumultuous waters of divorce does not, unfortunately, always end with the divorce decree. Because selecting a school is often one of the most challenging decisions that a parent must make for a child, disputes over a child’s education can add a layer of complexity and emotional strain to divorced parents.

When divorced parents are unable to agree on the best school for their children, the courts are often forced to determine in which school the children should enroll. A divorced parent advocating for certain public school districts over others, disagreements over which private independent or parochial school is best for their child, or whether both parents should contribute to the cost of tuition are, among others, the specific types of clashes often resolved by the courts.

Upon what criteria, clients often ask, do courts resolve these disputes? In Pennsylvania, the court acting as arbiter of educational disagreement will decide the issue based on the best interests of the child. To make that determination, the court will consider, on a case-by-case basis, all factors which legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being, including, without limitation:

• quality of the schools under consideration, including reputation and academic performance;
• extracurricular opportunities, including the availability of special programs;
• educational needs of the child and the school’s ability to provide a good “fit”;
• social needs and adjustment of the child;
• proximity of the schools under consideration to the child’s primary residence;
• continuity in an educational environment; and
• preferences of the child.

As with any litigation, the parties must present evidence to the court in support of their position. Anecdotal references or supposition is, not surprisingly, insufficient. A persuasive presentation that will convince the court that a divorced parent’s preferred school is in the best interest of the child will therefore require convincing evidentiary support, articulate argument, intense preparation, and the right legal counsel to lead the way.

Should you be at an impasse with your former spouse regarding the critical matter of your child’s education, please contact MacElree Harvey attorneys J. Charles Gerbron, Jr. and Brian J. Forgue to discuss how to achieve your goals.