Back to School: MOVING? PREPARING TO CHANGE YOUR CHILD’S SCHOOL?

Introduction

As a parent of minor children, you may be constantly navigating the ins and outs of co-parenting. One of the biggest issues is your child’s education and where they go to school. School districts can vary widely, and coupled with other factors such as distance from your former spouse, can be a sticking point in their agreeing to your move. Meanwhile, you may want to move closer to family, find a better school district or newer home, or have a job-related need to relocate. If you are hoping (or needing) to move, keep in mind that while your ex might happily agree, he or she may also emphatically tell you no.

As we approach the summer months, if you are planning to move it is crucial to prepare for the next school year with plenty of time to petition for a change in domicile and school for your child. These cases often become urgent as decisions are needed before the new school year begins, sometimes even leading to emergency appeals.

This article outlines key considerations and legal aspects to keep in mind when petitioning for  these changes.

Timing

The earlier you start to plan the better. Securing your dream job or finding a house close to your extended family is great—until your ex-spouse denies you permission to move or to bring your child with you. Make sure you have an agreement with your ex before you sign on for anything in the new location. If your ex does not agree, file a petition as soon as you can as courts can take some time before making a decision and are reluctant to move a child mid-school year.

Always Keep in Mind—Appealability

Understanding the appealability of these cases is essential. Domicile changes are appealable by right, whereas school changes require an application to appeal, unless they alter the established custodial environment, in which case they may also be appealable by right.

This distinction is critical when considering your legal options. A grant of application to appeal is less likely and not certain like a right to appeal is.

Impact on Custodial Environment

A central issue in these cases is whether the proposed change will impact the established custodial environment of the child. If it does, the trial court must consider the best interests of the child by a “clear and convincing evidence” standard. A petition before the court, such as for a change in domicile and school and involving a change to the established custodial environment, requires a thorough presentation of evidence regarding the benefits and drawbacks of the current and proposed environments.

Presenting Evidence

When advocating for or against a change in the school and/or custodial environment, it is important to present comprehensive evidence. This includes not only the advantages of the move, the new domicile or school but also the deficiencies of the current situation. Relevant evidence may include real estate information, crime statistics, and school rankings.

Additionally, it is vital to demonstrate how the change will affect the child’s relationship with their parents and their involvement in the child’s life. For a detailed step-by-step guide to school change (Lombardo) hearing, see our webpage here.

Relevant Case Law and School Changes that Change the Domicile

Several cases provide guidance on the issue related to Lombardo hearings and a change of custodial environment. In Pieron v. Pieron, the court emphasized the need to consider the impact on the custodial environment. Lieberman v. Orr and Yachcik v. Yachcik also offer insights into the factors the court considers in these motions. Where a change of domicile is more than 100 miles away or out of state you will want to consider our guide to a change of domicile here.

In conclusion, preparing a strong case with detailed evidence and understanding the legal framework will be essential in achieving a favorable outcome. Please reach out to the attorneys at Van Den Heuvel Law Office if you have any questions or need assistance in changes of domicile or school.