Where Will My Child Attend School After Our Divorce?
Oct 2, 2024 | Written by: | Share
It is important to understand that it is nearly impossible to address any one issue relative to a divorce in isolation. Instead, the analogy of a puzzle is often used to describe the process. The issues and all of their nuances are the pieces that have to be arranged in a unique way to make the most sense for your family. Another analogy for preparing a divorce settlement is that of a sweater, where, if you pull the yarn, the whole thing could unravel. This demonstrates the intricacy of issues that are inextricably intertwined.
The issue of where a child will attend school after a divorce is perhaps one of the most critically important to a parent. It is almost impossible to answer and consider this without having many more pieces to this puzzle. For example, is the former marital residence being retained by one parent, allowing the child to remain in the same schools? Is the home being sold and is there an agreement on where each parent is relocating? Is it within the same district? If not, do the parents agree on which new parental residence has the superior school district for the child? What educational, extracurricular and other opportunities are available to your child at school? Are custody and parenting time resolved?
These are just a few of the many questions that need to be addressed, along with any financial aspects that accompany each of these issues and must be considered to create the puzzle.
That being said, often the choice of school becomes an important issue in your case, and while building your puzzle, some of the following should be considered, but notably, this is not an exhaustive list.
- Which parent is the Primary Residential Parent (PPR[1])?
- Does one parent have more overnights than the other?
- What is the parenting schedule?
- Can each parent meet the parenting schedule and the child’s school schedule, taking into account distance, school start times, activities, and so on. What are each parent’s work commitments?
- Does the district provide transportation to one or both homes? Are there additional costs to consider?
- If it is a true shared physical custody case (50/50 parenting time), which parent’s address will be utilized to select the child’s school?
- Consider and contemplate what will happen post-divorce in the event that the sale of a home is required, or a parent relocates.
New Jersey Administrative Code 6A:22[2] addresses student residency in New Jersey. In pertinent part:
“Students domiciled within the school district…A student is domiciled in the school district when the student is the child of a parent or guardian whose domicile is located within the school district. … When a student’s parents or guardians are domiciled within different school districts and there is no court order or written agreement between the parents designating the school district of attendance, the student’s domicile is the school district of the parent or guardian with whom the student lives for the majority of the school year. This subparagraph shall apply regardless of which parent has legal custody….
When a student’s physical custody is shared on an equal-time, alternating week/month or other similar basis so the student is not living with one parent or guardian for a majority of the school year and there is no court order or written agreement between the parents designating the school district of attendance, the student’s domicile is the present domicile of the parent or guardian with whom the student resided on the last school day prior to the October 16 preceding the application date…. When a student resided with both parents or guardians, or with neither parent or guardian, on the last school day prior to the preceding October 16, the student’s domicile is that of the parent or guardian with whom the parents or guardians indicate the student will be residing on the last school day prior to the ensuing October 16.”
- In a case where the parents have joint legal custody and there has been a change of circumstances (post-divorce), the court is required to analyze what is in the child’s best interests.
“Where, as here, the parents share joint custody and are unable to agree on where to send their child to school, "[i]t is axiomatic that the court should seek to advance the best interests of the child." Levine v. Levine, 322 N.J. Super. 558, 563 (App. Div. 1999) (quoting Asch v. Asch, 164 N.J. Super. 499, 505 (App. Div. 1978)). "The 'best interests' of the child means, among other things: (1) the right of [the] children to be supported, nurtured, and educated in accord with the parents' collective income; and (2) requiring the parents to keep their promises and commitments consistent with their ability to do so." D.G. v. K.S., 444 N.J. Super. 423, 439 (Ch. Div. 2015) (citing Hoefers v. Jones, 288 N.J. Super. 590, 604 (Ch. Div. 1994), aff'd., 288 N.J. Super. 478 (App. Div. 1996)). A determination of which school is in a child's best interests is "inherently subjective." Levine, 322 N.J. Super. at 567. Such a determination requires the court to not only consider a school's statistics and ranking, but also "peer relationships, the continuity of friends[,] and an emotional attachment to school and community that will hopefully stimulate intelligence and growth to expand opportunity."[3]
Without clarity as to what is intended when you reach an agreement as to custody and parenting time, these issues can be hotly litigated and create chaos for your child, who may be trying to register for school. Each case is unique and specific. Be sure to tell your attorney if you have plans to relocate or change the child’s school, so you can understand your rights and responsibilities.
[1] The Child Support Guidelines use the term ["PPR"] to denote "[t]he parent with whom the child spends most of his or her overnight time," or "[i]f the time spent with each parent is equal . . . the parent with whom the child resides while attending school." Child Support Guidelines, Pressler & Verniero, Current N.J. Court Rules, Appendix IX-A to R. 5:6A. The Guidelines use the term "[p]arent of [a]lternate [r]esidence" to denote "the parent with whom the child resides when not living in the primary residence."
[2] https://www.nj.gov/education/code/current/title6a/chap22.pdf
[3] https://www.njcourts.gov/system/files/court-opinions/2024/a0212-23.pdf
Diana N. Fredericks, Esq., devotes her practice solely to family law matters. She is a Certified Matrimonial Law Attorney and was named to the NJ Super Lawyers Rising Stars list in the practice of family law by Thomson Reuters from 2015 through 2021, to the NJ Super Lawyers list in 2023 and 2024, and to the New Leaders of the Bar list by the New Jersey Law Journal in 2015. Contact Ms. Fredericks for a consultation at 908-735-5161 or via email.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.