CUSTODY CHANGE FORM FOR SCHOOL CODE
The court will accept a child’s contributions on the subject if the child is at least 14 years old and can articulate his or her reasoning well, per California Family Code 3042. The court will sometimes take the child’s preference into account if the child is old enough. The judge will generally look at each school’s overall rating and location in relation to each parent’s home to decide what school appears to be the more practical choice in the best interests of the child. If the parents cannot agree on a school for the child, the decision moves to litigation and a judge will decide. However, it’s likely for each parent to have different ideas about their child’s education, as well as an obvious preference for a school that is closer to home. Ideally, the parents will agree on an arrangement that works best for their child, regardless of the inconveniences it may cause either of them. Things get complicated when parents share custody but reside in different school districts. If the parents have joint custody and live within the same school district, it’s likely that the child will simply remain in the same school. If one parent has sole legal and physical custody of the child, then that parent has total control over all decisions related to the child’s education.
What About My Child’s Current School?ĭepending on the physical and legal custody agreement between a child’s divorced parents, the child may remain in the same school or move to a different school. When it comes to choosing the child’s school, the court generally aims to make a determination that will result in minimal disruption to the child’s typical schedule. Depending on the situation, the child may obviously benefit more by living with one parent instead of the other, while determining an acceptable schedule is more complicated in other cases. The goal of any child custody agreement is to arrange for parental visitation in a manner that is in the best interests of the child.