Change of School

With summer rapidly approaching, many children will be finishing instruction at the school they now attend and "promoting" to another school, be it middle school, junior high, high school or college.  Most parents are well aware of the upcoming change, but give little thought to how it impacts their custody and visitation schedule.  In fact, the courts are almost always clogged in August and September with last minute motions for a change of the order to accommodate their vision for the schedule when their child changes school.

Now not every case requires a change.  If both parents live a short distance from each other, and the new school isn't far away, then keeping the status quo may be appropriate.  However, when two parents live in different school districts or in the same district but the area of different schools, problems often arise as to where the child will go.

Courts will give deference to who has historically made that decision and who is the primary physical custody parent, however that is not always the case.  As with all custody orders, the best interests of the child are the paramount concern of the court.  If you think that your case will require a modification of custody and visitation, now is the time to file your motion, so as to avoid a last minute rush which may anger your judge.