School Change and/or Lombardo Hearing

Are you thinking about changing your child’s school and not sure where to start? Here’s a friendly guide for parents in Michigan with a court-ordered parenting plan on how to request a school change (Lombardo Hearing).

Preliminary Questions to Determine Process

1. School Dispute: Do the parents disagree about the school?

• Yes: Proceed to the next question.
• No: If the school change contradicts a court order, prepare a stipulated order reflecting the change. If no prior order regarding the school the minor children attend exists, a written agreement is advisable, particularly if the change affects parenting time for one parent. Make sure to document the new schedule in a court order.

2. Joint Legal Custody: Are the parents joint legal custodians?

• Yes: A Lombardo hearing is required. Proceed to the next question.
• No: The parent with sole legal custody can decide the child’s school. Make sure to inform the new school of the non-custodial parent’s name and contact information.

Lombardo Hearing Burden of Proof

To determine the applicable burden of proof, answer the following questions:

3. Change in Custodial Environment: Does the school change also modify the established custodial environment?

• Yes: The court must review all best interest factors under the “clear and convincing evidence” standard. Pierron v Pierron, 486 Mich 81, 89-90, 92-93 (2010); see also Lieberman v Orr, 319 Mich App 68, 81-82 (2017) (school change constituted a change of custody, requiring the moving parent to demonstrate best interests by clear and convincing evidence). Another way to say this is “reasonably certain.”
• No: The court must review the relevant best interest factors and decide based on a “preponderance of the evidence.” Pierron v Pierron, 486 Mich at 91. Another way to say this is more likely than not standard.

Lombardo Hearing: Common Questions

When a Lombardo hearing is set, most parents run into two very common questions regarding the process. The following are the two most common.

4. Equal Evidence: What if neither party presents clear and convincing evidence to support their school choice?

• This is unlikely, happening only when both parents have an established custodial environment and the court finds neither presents clear and convincing evidence to justify the requisite change of custody for the school change. Griffin v Griffin, 323 Mich App 110, 121-122 (2018) (case involving parents in different states and a child about to begin school in one state).
• The court need not require a parent to demonstrate their choice is superior by clear and convincing evidence, “the key is that the court must first find “clear and convincing evidence” that the new custodial arrangement is in the child’s best interests.” Griffin, 323 Mich App at 123. In short, look to the effect on the minor child, not just what evidence a parent can produce about grades, graduation rates, etc. in each school. The focus is on the child.

5. Threshold Analysis: Is a threshold analysis required for a school change motion?

• No, the court is not required to conduct a threshold analysis. Marik v Marik, 325 Mich App 353, 363-364 (2018). However, a Lombardo hearing requires the judge to determine the child’s established custodial environment, whether the requested change would alter it, and whether the change is in the child’s best interests. Marik, 325 Mich App at 364.

Conducting the Lombardo Hearing

What evidence is needed for a Lombardo hearing? A wide range of evidence can be considered regarding the minor child and the proposed change of school. However, some key information to provide to the court for the hearing are as follows:

6. Documentary Evidence:

• Information on the proposed school.
• Information on any deficiencies or advantages of the current school compared to the proposed school. Yachcik v Yachcik, 319 Mich App 24; 900 NW2d 113 (2017).
• Evidence of school rankings (preferably from government sources, as websites like SchoolDigger may be inadmissible hearsay). Yachcik v Yachcik, 319 Mich App 24 (2017); MRE 803(24).
• Report cards and test scores to demonstrate the child’s academic strengths or special needs, particularly if the proposed school caters to those needs. Include a comparison of school offerings to show one school’s superiority for the child.
• Information on how the school change affects (or does not affect) the established custodial environment. Pierron v Pierron.
• Information on each parent’s involvement (or lack thereof) in the child’s school activities.

7. Witness Testimony:

• Testimony from teachers, school administrators, or social workers regarding specific issues, such as bullying.
• Testimony from administrators at the new school about its performance.

Appealing the School Change Decision

Did the court rule against you in a Lombardo hearing? An appeal is possible, but the type of appeal depends on the motion filed. MCR 7.202(6)(a)(iii).

• An Appeal by Right: is available if the motion involved changing physical custody, legal custody, or domicile.
• Leave to Appeal: an application for leave to appeal is required if the motion solely concerned a school change.

Conclusion

If you are considering a change of school motion or have a pending Lombardo hearing, contact Van Den Heuvel Law Office. Our attorneys are very experienced in helping families achieve their needs in education. We have the experience and understanding of the law necessary to assist you in your fight to either change schools or retain the current school system.